Dyer v. Flint
Illinois Supreme Court
This was an action of assumpsit, ^commenced against the defendant below, a non-resident, by writ of attachment, returnable at the September term, A. D. 1857, of the Circuit Court of Logan county. The affidavit is as follows: STATE OF ILLINOIS, LOGAN COUNTY, 1 ss.
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This was an action of assumpsit, ^commenced against the defendant below, a non-resident, by writ of attachment, returnable at the September term, A. D. 1857, of the Circuit Court of Logan county. The affidavit is as follows: STATE OF ILLINOIS, LOGAN COUNTY, 1 ss. Circuit Court op Logan County, September Term, A. D. 1857. Thompson J. S. Flint, of Chicago, in the county of Cook, State of Hlinois, being first duly sworn, on oath says that he is the agent of Richard F. Flint, of Green Bay, Wisconsin. That he is informed, and verily believes, that Isaac Dyer, of East Baldwin, in tiie State of…
1Opinion of the CourtBreese, J.
This is an action commenced by attachment against an absent and non-resident debtor, and default taken.
Several objections are made to the regularity of the proceedings. The first is as to the manner in which the affidavit is sworn to, and its substance.
The affidavit appears, on its face, to have been sworn to in Logan county—that is the county stated in the margin, and there is nothing in the record impeaching it. The jurat is signed by “ John Forsyth, Notary Public,” and it is a fair intendment that he was Notary Public of Logan county. The court trying the case would so intend; it would,…
2Cases cited1 opinion
- Hinckley v. O'FarrelIndiana Supreme Court · 1836
3Cited by23 opinions
- Martin v. SchilloIllinois Supreme Court · 1945
- Hahn v. FrederickSupreme Court of Florida · 1953
- State v. HumasonWashington Supreme Court · 1893
- City of Rockford v. MowerIllinois Supreme Court · 1913
- Bassett v. BrattonIllinois Supreme Court · 1877
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