Fuller v. Langford
Illinois Supreme Court
Writs of Error to the Circuit Court of Stephenson county; the Hon. Benjamin R. Sheldon, Judge, presiding. The records in these three causes all present precisely the same state of facts.
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Writs of Error to the Circuit Court of Stephenson county; the Hon. Benjamin R. Sheldon, Judge, presiding. The records in these three causes all present precisely the same state of facts. In each case the suit was commenced by a writ of foreign attachment, sued out of the Circuit Court of Stephenson county, at the suit of the defendants in error, respectively, against Hernando A. Fuller and Andrew De Graff, the plaintiffs in error, and directed to the sheriff of Livingston county, who levied the same upon real estate in that county, the property of Fuller, but no personal service was had upon…
1Opinion of the Court
“Mr. Chief Justice CatoN
delivered the opinion of the Court.
Here a writ of foreign attachment was issued out of the Circuit Court of Stephenson county, directed to the sheriff of Livingston county, who levied it upon property of the defendants. No property was found in Stephenson county, and, in fact, no writ was issued to that county, at least till after a motion was made to quash the writ. We decided in Hinman v. Rushmore, 27 Ill. 509, that, without a service in the county whence the writ issued, the court acquired no jurisdiction. The motions to quash should have been sustained.
The…
2Cases cited1 opinion
- Hinman v. RushmoreIllinois Supreme Court · 1862
3Cited by5 opinions
- Chapman v. ReddickSupreme Court of Florida · 1899
- Haywood v. McCroryIllinois Supreme Court · 1864
- House v. HamiltonIllinois Supreme Court · 1867
- Knebelkamp v. FoggAppellate Court of Illinois · 1894
- Lord v. BabelAppellate Court of Illinois · 1885