Wallis v. Keeney

Citations

• 88 Ill. 370

Syllabus

<p>1. Measure of damages—on capias bond. In a suit upon a bond, given in a suit commenced by a capias, conditioned to prosecute the capias with effect and without delay, it. is only such special damages as may be incurred in setting aside the writ as are recoverable beyond mere nominal damages.</p> <p>2. In a suit upon a capias bond, where the defendant is not imprisoned but gives bail, and when no steps are taken to set aside the writ, or discharge from bail, and the plaintiff fails to succeed in his suit, upon the same defense as if the suit had been brought by summons, nothing more than nominal damages can be recovered.</p>