Reports of Cases Argued And Determined in the Supreme Court of the State of Illinois 11 (November Term, 1849, to June Term, 1850)
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2. Same — .shown by papers, demurrer reach. Where the fact which concludes the defendant from making the denial appears in the declaration, the estoppel may be insisted upon by a demurrer to the plea by which the same matter is set up as defence. 3. Same — not shown by declaration, plead by replication. But if the matter of estoppel does not appear in the declaration, the plaintiff must, by a replication to the plea, expressly show such matter, and rely thereon. 4. AppEAii — bond ill excess of ...statute. The direction to justices in the statute, where an appeal is prayed, to take a bond in double the amount of the judgment and costs, is not imperative; and a bond, the penalty of which was more than double the amount of the judgment, is valid.(l) And even though the statute is imperative, a bond which varied from it in that particular would still be good as a voluntary obligation. (2) Explained AND MODIFIED — Browne. Bradw., 171; see Crisman «. Matthews, Keirns, 13 111., 296; Cited— Arnott v.
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