Opinion
Gen. No. 40,726. (Abstract of Decision.)
Opinion filed January 22, 1940. Rehearing denied February 5, 1940.
FORMER ADJUDICATION, § 81 — allowance of damages on appeal bond. Where plaintiff in instant case had been awarded certain funds in an interpleader suit in Michigan, defendant had appealed and had been allowed to file a stay bond, and when he lost the appeal damages were allowed on the bond for costs and attorney's fees, which were paid and a satisfaction piece filed, in this subsequent action in Illinois for interest on the funds interpleaded the allowance of damages by the Michigan court was res adjudicata.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. FRANCIS B. ALLEGRETTI, presiding. Affirmed. Heard in first district, first division, at June term, 1939; opinion filed January 22, 1940; rehearing denied February 5, 1940.
J. V. Schaffenegger, for appellant; Leonard Leonard and White White, for appellee; George Edward Leonard, Quintin Johnstone and Stuart B. White, of counsel.
"Not to be published in full."