Vinyard v. Barnes

Citations

• 124 Ill. 346
• 16 N.E. 254

Syllabus

<p>1. Surety—liability—strict construction. The undertaking of a surety is to be construed strictly, and can not be varied or enlarged by judicial ■construction.</p> <p>2. Replevin—of the judgment, as fixing the rights of the pan-ties— presumption, when no retwn is awarded. The right of the defendant in replevin to the possession and return of the property is determined by the judgment. When no return is awarded in a judgment for the defendant, it will be presumed that it was made to appear that the plaintiff had become •entitled to the possession of the property.</p> <p>3. Replevin bond—two-fold character of its conditions—breach. The conditions in a replevin bond to prosecute the suit to effect, and to make return of the property, are distinct ones, and the condition is broken and the bond forfeited by a failure in either; but evidence of a breach of the former condition can not be held sufficient proof of a breach of the latter.</p> <p>4. Same—measure of damages im suit on the bond, in case no return is muarded. Under a replevin bond conditioned that “the plaintiffs shall prosecute their suit to effect and without delay, and make return of the said property if return thereof shall be awarded,” there can be no recovery •of the value of the property replevied, without proof of a judgment awarding its return.</p> <p>5. Presumption—in support of the judgment below. In the absence of any showing to the contrary, it is always to be assumed that the judgment rendered by the court was the right one to be rendered in the case.</p>