House v. Hamilton
Illinois Supreme Court
Writ of Error to the Circuit Court of the county of Hancock ; the Hon. Joseph Sibley, Judge, presiding. This was a suit brought by Canfield S. Hamilton, by attachment, in the Hancock Circuit Court, against Samuel H. House. A writ was issued to the sheriff of that county, who went to the county of Knox, where he levied upon property of the defendant, which he had taken there several days previous.
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Writ of Error to the Circuit Court of the county of Hancock ; the Hon. Joseph Sibley, Judge, presiding. This was a suit brought by Canfield S. Hamilton, by attachment, in the Hancock Circuit Court, against Samuel H. House. A writ was issued to the sheriff of that county, who went to the county of Knox, where he levied upon property of the defendant, which he had taken there several days previous. Defendant, at the next term of the court, entered a motion to quash the levy, and, in support of his motion, filed his own affidavit, stating that the property had been in Knox county twelve days;…
1Opinion of the CourtChief Justice Walker
This record presents the question, whether a sheriff, to whom a writ of attachment is directed, may go into another county and levy upon property of the defendant in attachment. The third section of the attachment act (E. S. 64) declares, that the officer to whom the writ is directed shall execute it without delay, and if the defendant, or any person for him, shall be in the act of removing any personal property, the officer having the writ is authorized to pursue and take the same in any county in the State, and return it to the county from which the writ issued. This, then, presents the…
2Cases cited2 opinions
- Hinman v. RushmoreIllinois Supreme Court · 1862
- Fuller v. LangfordIllinois Supreme Court · 1863