Smith v. Packard
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This action is upon a forthcoming bond in attachment executed on July 21, 1892, to the sheriff of Cook county, Ill. The action in attachment was begun on July 16, 1892, in the circuit court of Cook county, by the defendant in error, Andrew J. Packard, against Prank A. White and Charles P. Ballard, as co-partners.
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In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This action is upon a forthcoming bond in attachment executed on July 21, 1892, to the sheriff of Cook county, Ill. The action in attachment was begun on July 16, 1892, in the circuit court of Cook county, by the defendant in error, Andrew J. Packard, against Prank A. White and Charles P. Ballard, as co-partners. The writ of attachment, issued on the 16th and made returnable on the 18th of the month, was levied on the day of its date upon four car loads of machinery and other…
1Opinion of the CourtWoods, Circuit Judge
The first contention of the plaintiff in error is that the circuit judge did not acquire jurisdiction of the case.- The argument con sists of three propositions: First, that the bond is valid only as a common-law obligation, and not as a statutory bond, because the sheriff took it after the return day of the writ, released the levy, and failed to file the bond with the clerk until after the term of court at *796which it should have been filed; second, that in Illinois the common-law rule prevails, that only the obligee of a sealed instrument can sustain an action thereon, and, this not being a…
2Cases cited51 opinions
- State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
- Mexican National Railroad v. DavidsonSupreme Court of the United States · 1895
- Holmes v. GoldsmithSupreme Court of the United States · 1893
- McNutt Ex Rel. Leggett, Smith, & Lawrence v. BlandSupreme Court of the United States · 1844
- New Orleans v. BenjaminSupreme Court of the United States · 1894
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3Cited by5 opinions
- United States v. O'DELLCourt of Appeals for the Sixth Circuit · 1947
- City of Eau Claire v. PaysonCourt of Appeals for the Seventh Circuit · 1901
- Adams v. ShirkCourt of Appeals for the Seventh Circuit · 1901
- Felder v. Hall Bros.Supreme Court of Arkansas · 1920
- Haynes v NeshewatMichigan Supreme Court · 2007