Phillips v. Kerr
Illinois Supreme Court
This was an action of assumpsit, commenced June 19th, A. D. 1858, by the filing, on behalf of plaintiff below, (defendant in error), of an affidavit to hold to bail, which states that the action is brought to recover the sum of $5,921.86, money had and received. Affidavit concludes with the allegation that said sum of $5,921.86, and interest from October 1,1857, is due.
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This was an action of assumpsit, commenced June 19th, A. D. 1858, by the filing, on behalf of plaintiff below, (defendant in error), of an affidavit to hold to bail, which states that the action is brought to recover the sum of $5,921.86, money had and received. Affidavit concludes with the allegation that said sum of $5,921.86, and interest from October 1,1857, is due. Capias ad respondendum returned to July term, 1857. At the September term of the court, defendant below filed this motion: And now comes the said defendant, and moves the court to quash the writ of capias ad respondendum…
1Opinion of the CourtWalker, J.
It is urged that the court below erred, in enter ing a default assessing damages, and rendering judgment, whilst a motion to quash the capias remained undetermined. Had this motion gone to the jurisdiction of the court over the person of the defendant, it is obvious that it would be error to render final judgment before the motion was disposed of; but as'this motion only related to the mode by which he was before the court, a different question is presented. Had the motion prevailed, the effect of quashing the capias would have been to discharge the bail, and let it stand for, and answer the…
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