Ice v. McLain
Illinois Supreme Court
This was an action of trespass de bonis asportatis, brought in the Franklin Circuit Court. The appellants appeared and plead the general issue; and Ice, one of them, interposed a separate special plea, that he was an acting justice of the peace, &c., commissioned and qualified, and that, as such justice, he rendered a judgment, &c., upon which execution was issued, and placed the same in the hands of Adams, (the other appellant,) then an acting constable, &c.; that he was…
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This was an action of trespass de bonis asportatis, brought in the Franklin Circuit Court. The appellants appeared and plead the general issue; and Ice, one of them, interposed a separate special plea, that he was an acting justice of the peace, &c., commissioned and qualified, and that, as such justice, he rendered a judgment, &c., upon which execution was issued, and placed the same in the hands of Adams, (the other appellant,) then an acting constable, &c.; that he was notified by-Adams, that the present appellee, (McLain,) claimed the property levied upon by Adams as the property of…
1Opinion of the CourtTreat, C. J.
The chief question in this case is, as to the sufficiency of the special plea. The only objection made to the plea is, that it does not allege that McLain notified the constable in writing of his claim to the property levied on, and of his intention to prosecute the same. It is contended, that such a notice was necessary to vest the justice with jurisdiction, and authorize him to enter the judgment, and issue the execution. The statute declares, that “ In all cases, where any personal property shall be taken, by virtue of an execution or attachment issued by any justice of the peace, which…
2Cited by1 opinion
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