Tomlin v. Green

Citations

• 39 Ill. 225

Syllabus

<p>1. Appeal BOND—in forcible entry and detainer—its requisites. An appeal bond, in a case of forcible entry and detainer, is the same as that required in other appeals, with the addition of a clause for the payment of the rents pending the appeal.</p> <p>2. Same—effect of conditions not required by statute. When an appeal bond contains conditions which are not required by the statute, such conditions are not obligatory upon the makers.</p> <p>3. So where an appeal bond, given in a case of forcible entry and detainer, contained a condition for the payment of all damages that had or should accrue by reason of the forcible entry and detainer, held, that it was a condition not required by the statute, and therefore void.</p> <p>4. Damages—in an action on an appeal bond in forcible entry and detainer. Tn such an action damages resulting from the forcible entry and detention of the premises, apart from the rental thereof, are not recoverable.</p>