In re Smith
Illinois Supreme Court
Jesse N. Smith presented his petition to this court, stating that he was confined in the jail of Cook county; that he was arrested by the sheriff of said county, by virtue of a capias ad respondendum issued out of the Circuit Court of said county, and committed for want of bail; that the next day after his arrest, he demanded to be taken before the county judge to be discharged therefrom, under the provisions of the fifty-second chapter of the Revised Statutes, entitled “…
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Jesse N. Smith presented his petition to this court, stating that he was confined in the jail of Cook county; that he was arrested by the sheriff of said county, by virtue of a capias ad respondendum issued out of the Circuit Court of said county, and committed for want of bail; that the next day after his arrest, he demanded to be taken before the county judge to be discharged therefrom, under the provisions of the fifty-second chapter of the Revised Statutes, entitled “ Insolvent Debtors that the county judge was just then about to leave the county for some weeks, and would not hear said…
1Opinion of the Court
Catón, J.
The petitioner was arrested on a capias ad respondendum, issued at the suit of Anderson, against him and others, and in default of bail was committed to jail. The return sets forth the affidavit upon which the writ was issued, which shows the existence of the debt, and avers that the benefit of whatever judgment the plaintiff might recover in the action, would be in danger of being lost, unless the defendant should be held to bail. It shows nothing more.
The second section of the fourteenth chapter of the Revised Statutes provides: “In all actions to be commenced in any court of…
2Cited by5 opinions
- Shatz v. PaulAppellate Court of Illinois · 1955
- In Re Petition of BlacklidgeIllinois Supreme Court · 1935
- Malcolm v. AndrewsIllinois Supreme Court · 1873
- Ex parte DavisNebraska Supreme Court · 1885
- William T. Spice & Son v. SteinruckOhio Supreme Court · 1863