Greene v. Toman U.S. Fidelity and Guaranty Co.

Full title: J. Kent Greene, Appellant, v. John Toman and United States Fidelity and…

Court: Appellate Court of Illinois, First District

Date published: May 10, 1943

319 Ill. App. 252 (Ill. App. Ct. 1943)

48 N.E.2d 760

Opinion

Gen. No. 42,399. (Abstract of Decision.)

Opinion filed May 10, 1943

SHERIFFS AND CONSTABLES, § 95^_ — sufficiency of complaint in action on bond. In action against former sheriff and surety on sheriff's bond, to recover money deposited in court by plaintiff pursuant to order of court, which was allegedly wrongfully paid out by sheriff, statement of claim stated cause of action, and hence trial court erred in granting motion to strike such statement of claim, and judgment dismissing suit would be reversed and cause remanded.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Municipal Court of Chicago; the Hon. THOMAS A. GREEN, Judge, presiding.

Reversed and remanded. Heard in the first division, first district, this court at the October term, 1942.

J. Kent Greene, pro se;

James Todd, for appellees.

Opinion by JUSTICE O'CONNOR.

"Not to be published in full." Opinion filed May 10, 1943.