Gilbert v. Watts-DeGolyer Co.
Appellate Court of Illinois
Trespass on the Case, for failure to properly execute a writ. Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Heard in this court at the October term, 1896.
1Opinion of the CourtJustice Waterman
An execution is process awarded and belonging to the plaintiff therein, and he having a right to control it, his interests and wishes should at ail times be respected by the officer in charge.
While the plaintiff has no right to insist upon a fraudulent or oppressive use of the writ, nor in any respect to compel the officer to exercise a severity which would seem to be actuated by malice toward the defendant as much as by a desire to obtain satisfaction of his judgment, all directions of the plaintiff not savoring of fraud nor undue rigor and oppression, must be obeyed, or the officer will be…
2Cases cited8 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Patterson v. WesterveltNew York Supreme Court · 1837
- Morgan v. PeopleIllinois Supreme Court · 1871
- Young v. HosmerMassachusetts Supreme Judicial Court · 1814
- Humphrey v. HathornNew York Supreme Court · 1857
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3Cited by2 opinions
- Farmers' & Merchants' Bank of Vandalia v. MainesCourt of Appeals for the Sixth Circuit · 1910
- People ex rel. Gitzen v. SnowAppellate Court of Illinois · 1928