Parsons v. Case
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was a suit in. attachment, commenced in the court below by the appellants, against the appellee; the affidavit alleging that defendant was a resident of the State of Connecticut. The defendant filed a plea traversing the matters stated in the affidavit at the time the writ issued. The attachment issued on the same day that the affidavit was filed.
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Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was a suit in. attachment, commenced in the court below by the appellants, against the appellee; the affidavit alleging that defendant was a resident of the State of Connecticut. The defendant filed a plea traversing the matters stated in the affidavit at the time the writ issued. The attachment issued on the same day that the affidavit was filed. The question presented is, did the plea traverse the matter stated in the affidavit at the time of its filing? '
1Opinion of the CourtChief Justice Breese
The objection taken to the proceedings is quite technical and not sufficient to justify a reversal of the judgment. It appears by the record, that the affidavit for the attachment and the writ of attachment were issued and hear date on the same day. This is seen by inspection. A plea, therefore, that the defendant was not a non-resident at the time the writ issued, is equivalent to a plea that he was not a non-resident at the time the affidavit was made. In effect, this plea, as pleaded, was the same as one denying the non-residence at the time of making the affidavit, both being made on the…
2Cited by4 opinions
- Willard v. ZehrIllinois Supreme Court · 1905
- Humphrey v. PhillipsIllinois Supreme Court · 1870
- Phœnix Insurance v. HedrickIllinois Supreme Court · 1899
- National Parlor Furniture Co. v. StraussAppellate Court of Illinois · 1898