Scanlon v. Whalen

Mr. Presiding Justice Matchett

delivered the opinion of the court.

This record involves a proceeding under section 2 of an act concerning insolvent debtors, approved April 10, 1872", Cahill’s St. ch. 72, If 5; Smith-Hurd’s Ill. Rev. St. 1927, ch. 72, p. 1544.

The facts in brief are that Whalen as administrator sued Scanlon in an action on the case, obtained a judgment against him and procured a writ of capias ad satisfaciendum, under which the sheriff took Scanlon, the judgment debtor, into custody. The debtor then filed a petition for release in the county court. The court heard the petition…