{
  "id": 4964979,
  "name": "Hollywood Building Corporation, Appellant, v. Greenview Amusement Company, Appellee. Lillian D. Hill and Henry Sonnenschein, Clerk, Appellees",
  "name_abbreviation": "Hollywood Building Corp. v. Greenview Amusement Co.",
  "decision_date": "1944-05-19",
  "docket_number": "Gen. No. 42,589",
  "first_page": "167",
  "last_page": "170",
  "citations": [
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      "cite": "323 Ill. App. 167"
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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  "cites_to": [
    {
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    {
      "cite": "41 Ill. App. 403",
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        5032524
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        "/ill-app/41/0403-01"
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    {
      "cite": "315 Ill. App. 658",
      "category": "reporters:state",
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  "last_updated": "2023-07-14T17:11:18.054984+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Hollywood Building Corporation, Appellant, v. Greenview Amusement Company, Appellee. Lillian D. Hill and Henry Sonnenschein, Clerk, Appellees."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Kiley\ndelivered the opinion of the court.\nThis is a proceeding by the surety on defendant\u2019s forcible entry and detainer appeal bond, to recover money deposited as security. Plaintiff appeals from an order in the surety\u2019s favor.\nDefendant previously appealed from plaintiff\u2019s judgment in forcible entry and detainer, filing a statutory bond (ch. 57, par. 20, sec. 19, Ill. Rev. Stat. [Jones Ill. Stats. Ann. 109.280]) with Lillian Hill as surety. To secure plaintiff, the surety deposited $4,000 with the Clerk of the Superior Court and later $1,000 with the Clerk of this court. Defendant prosecuted its appeal with effect (Hollywood Bldg. Corp. v. Greenview Amusement Co., 315 Ill. App. 658), and after the mandate of this court was filed, the surety made a motion here for an order directing the Clerk of this court to turn over the money deposited with him. The order was entered. The surety then petitioned the trial court for an order directing the Clerk of the Superior Court to turn over the money deposited with him. Plaintiff filed a cross petition demanding the money for payment of rent which accrued during the pendency of the appeal. The trial court found that the-conditions of the appeal bond had been fulfilled and its obligations voided and directed the Superior Court clerk to pay the money to the surety.\nDefendant contends the order is not appealable because the prior appeal finally disposed of the case. The issue determined by the order was not involved in the main proceeding subject of the prior appeal, consequently, there is no merit in this contention.\nThe vital question is whether plaintiff can recover on the bond for the accrued rent. It contends that defendant\u2019s obligation to pay rent was not voided by reversal of plaintiff\u2019s judgment; and that otherwise it has no protection, for if it accepted rent during the pendency of the appeal it would have recognized defendant as a tenant and waived its right to possession under the forcible entry and detainer judgment. Language of the bond is substantially the same as that of the statute, sec. 19, which provides:\n\u201cIf the defendant appeals, the condition of\u2019 the bond shall be that he will prosecute such appeal with effect, and pay all rent when due or that may become due before the final determination of the suit, and also all damages and loss which the plaintiff may sustain by reason of the withholding of the premises in controversy, and by reason of any injury done thereto during such withholding, until the restitution of the possession thereof to the plaintiff, together with all costs that may accrue in case the judgment from which the appeal is taken is affirmed or appeal dismissed;\nPlaintiff in its brief contends that the \u201crent\u201d condition is not, but admits that the \u201cdamages and loss\u201d and \u201ccosts\u201d conditions are, modified by the requirement that plaintiff\u2019s judgment be affirmed, or the appeal dismissed. We believe that the \u201crent\u201d condition is also modified by that requirement. Daggitt v. Mensch, 41 Ill. App. 403; Daggitt v. Mensch, 141 Ill. 395; Hawes v. Sternheim, 57 Ill. App. 126; McGowan v. London & Lancashire Co., 237 Ill. App. 561. The bond is indemnity for one who had a right to the forcible entry and detainer judgment, not a benefit for one who had no such right. Defendant\u2019s appeal not having been dismissed, but having been prosecuted with effect, and plaintiff\u2019s judgment not having' been affirmed, the obligation to pay rent under the bond is void.\nFor the reasons given the judgment is affirmed.\nJudgment affirmed.\nHebel, P. J., and Burke, J., concur.",
        "type": "majority",
        "author": "Mr. Justice Kiley"
      }
    ],
    "attorneys": [
      "Murphy & Pearson, of Chicago, for appellant; Walter Wm. Pearson and Lawrence L. O\u2019Connor, both of Chicago, of counsel.",
      "Lawrence A. Jacobson, of Chicago, for appellees; Louis Hershman, of Chicago, of counsel."
    ],
    "corrections": "",
    "head_matter": "Hollywood Building Corporation, Appellant, v. Greenview Amusement Company, Appellee. Lillian D. Hill and Henry Sonnenschein, Clerk, Appellees.\nGen. No. 42,589.\nOpinion filed May 19, 1944.\nMurphy & Pearson, of Chicago, for appellant; Walter Wm. Pearson and Lawrence L. O\u2019Connor, both of Chicago, of counsel.\nLawrence A. Jacobson, of Chicago, for appellees; Louis Hershman, of Chicago, of counsel."
  },
  "file_name": "0167-01",
  "first_page_order": 189,
  "last_page_order": 192
}