Blair v. Parker
Appellate Court of Illinois
Appeal from the Circuit Court of Warren county; the Hon. John J. Glenn, Judge, presiding. A judgment was rendered by a justice of the peace of Warren county against the appellee, upon which execution was issued and placed in the hands of the appellant, a constable, for collection. The appellee made out a schedule purporting to contain an inventory of all his personal property, subscribed and sworn to by him, and delivered the same to the appellant.
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Appeal from the Circuit Court of Warren county; the Hon. John J. Glenn, Judge, presiding. A judgment was rendered by a justice of the peace of Warren county against the appellee, upon which execution was issued and placed in the hands of the appellant, a constable, for collection. The appellee made out a schedule purporting to contain an inventory of all his personal property, subscribed and sworn to by him, and delivered the same to the appellant. This schedule not containing the wagon in controversy, the appellant seized and sold the wagon upon the execution. At the time of the levy upon…
1Opinion of the CourtPillsbuet, P. J.
Two questions are made and argued by counsel arising upon this record: First—If an execution debtor has no more personal property than is exempt by statute from levy and sale under execution, is such debtor required to make and deliver to the officer holding the execution any schedule whatever of his personal property? And, secondly, Is the officer hound to allow the debtor to amend his schedule after it is once made and presented to the officer, by inserting therein other articles, or is the officer bound to accept a second schedule including property omitted from the first one?
The statute…
2Cases cited1 opinion
- People ex rel. Gregg v. PalmerIllinois Supreme Court · 1868
3Cited by2 opinions
- Berry v. HanksAppellate Court of Illinois · 1888
- Johnston v. WilleyAppellate Court of Illinois · 1886