Legal Opinion

Hitchcock v. Roney

Illinois Supreme Court

Decided December 15, 1855PublishedCited by 4 opinions

At the September term of Pike Circuit Court, 1855, Hitchcock, the owner of certain real estate in Beardstown, Cass county, Illinois, levied upon and sold under an execution issued from the Pike Circuit Court, in the case of People vs. Roney, entered a motion and filed his reasons to set aside the levy and sale in said real estate, and quash the execution therein. The motion was continued for the purpose of notice to Lewis F. Saunders, the purchaser under said execution.

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At the September term of Pike Circuit Court, 1855, Hitchcock, the owner of certain real estate in Beardstown, Cass county, Illinois, levied upon and sold under an execution issued from the Pike Circuit Court, in the case of People vs. Roney, entered a motion and filed his reasons to set aside the levy and sale in said real estate, and quash the execution therein. The motion was continued for the purpose of notice to Lewis F. Saunders, the purchaser under said execution. At November special term of said court, 1855, Saunders, the purchaser, having been notified of said motion, appeared by his…

1Opinion of the CourtScates, C. J.

“ The property, real and personal, of every person who shall be convicted of any of the offences punished by this chapter, shall be bound, and a lien is hereby created on the property, both real and personal, of every such offender, from the time of his or her arrest, if he or she be arrested before indictment; if not, then from the time of finding the indictment, at least so far as will be sufficient to pay the fine and costs of prosecution.” At the end of each term, the clerk shall issue executions for all fines and costs so adjudged, and note the day of the arrest or indictment, and the…

2Cited by4 opinions

  1. Bauman v. SchoaffAppellate Court of Illinois · 1947
  2. State v. BordenSupreme Court of New Jersey · 1887
  3. Cable v. Magpie Gold Mining Co.South Dakota Supreme Court · 1909
  4. Ross v. WhippleSupreme Court of Rhode Island · 1877

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