Opinion

Chladek v. Brown

  • 58 Ill. App. 379
  • 1895 Ill. App. LEXIS 50
Court
Appellate Court of Illinois
Filed
Apr 22, 1895
Status
Published
Author
Gary
On the bench
Gary
Cited by
1 cases
Authority
More cited than 18.0%

The opinion

Me. Justice Gary on petition fob rehearing.

We are urged to reconsider the question of the sufficiency of the evidence as to the amount of damages. This we decline to do. We do not regard it to be necessary in deciding that a court or jury made no mistake upon evidence, to recite the evidence.

It is further urged that we did not consider the construction of the bond conditioned inter alia to pay “ all damages, and loss which plaintiff may sustain by reason of the withholding of the premises, and by reason of any injury done thereto,” As we read the argument the appellant holds that, unless the damages and loss sued for are the result, both of withholding and of injury done, there can be no recovery.

A statutory bond has the effect which, in reason, must have been intended. Hibbard v. McKinley, 28 Ill. 240 .

Petition denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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