Legal Opinion

City of Chicago v. Hasley

Illinois Supreme Court

Decided April 15, 1861PublishedCited by 40 opinions

The defendant in error recovered a judgment in an action of assumpsit, against the city of Chicago for the sum of one thousand dollars. On this judgment a writ of fieri facias against the city was issued on the eighth of August, A. D. 1859. A motion to set aside this execution was made in and overruled by the Superior Court of the city of Chicago, in the month of June of the same year. Upon the overruling of this motion, error was assigned.

1Opinion of the CourtBreese, J.

This case comes before us on a writ of error to the Superior Court of the city of Chicago refusing to quash an execution issued against the city, on a judgment for damages awarded the defendant in error, on an assessment of damages occasioned by taking certain land of the defendant for an alleyway in said city, and the only question is, can the ordinary writ of fieri facias legally be issued against a municipal corporation, on a judgment for debt or damages recovered against it' ?

There can be no doubt that the property of a private corporation may be seized and sold under a fi. fa. for the…

2Cited by40 opinions

  1. Federal Housing Administration, Region No. 4 v. BurrSupreme Court of the United States · 1940
  2. Evans v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1982
  3. President of Odell v. SchroederIllinois Supreme Court · 1871
  4. Hutchinson v. KruegerSupreme Court of Oklahoma · 1912
  5. Brown v. GatesWest Virginia Supreme Court · 1879

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