Beecher v. James
Illinois Supreme Court
At the March term, 1840, of the Morgan Circuit Court, the Hon. Samuel H. Treat presiding, the attachment in this cause was quashed because the bond was executed in the name of the appellants, by William Thomas, their attorney in fact, and no evidence was produced that he was authorized to execute the bond. The appellants excepted to the opinion of the Court, and brought the cause to this Court by appeal.
1Opinion of the CourtLockwood, Justice
The record in this case shows the following facts. On the 28th of November, 1838, the plaintiffs commenced an action of assumpsit on a promissory note against the defendants, and filed a declaration in the cause.
On the same day the plaintiffs filed an affidavit and bond, and sued out an attachment, in aid of said action, under the act concerning attachments. The summons and attachment were returnable at the March term, 1839, and were both returned served at that term.
At said March term, the defendants appeared and filed their plea of non-assumpsit. At the June term, 1839, the cause was tried,…
2Cited by2 opinions
- Baldwin Co. v. DarnellAppellate Court of Illinois · 1919
- Cross v. Union Storage & Transfer Co.Court of Appeals for the D.C. Circuit · 1919