People ex rel. Swan v. Cameron
Illinois Supreme Court
This was an application to this Court for a writ of mandamus to command the Sheriff of Pike county to receive a bail bond executed by the defendant in attachment, and to release the property attached. The parties appeared and discussed the merits of the application, and the Court determined it, as if the motion was for a peremptory mandamus, which determination was adverse to the application, with an award of costs, against the relator.
1Opinion of the Court
The Opinion of the Court was delivered by
Treat, J.*
On the 27th day of December, 1845, John Baldwin commenced an action of assumpsit in the Pike Circuit Court against Elisha Swan. On the same day Baldwin filed an affidavit, in which he stated that Swan was indebted to him in the sum of $1250; and as he verily believed, Swan intended to depart from the State, and remove his property therefrom. Baldwin gave the requisite security, and a writ of attachment was issued against the testate of Swan, in aid of the action of assumpsit. To this writ the Sheriff made return, that he had summoned certain…
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