Hichins v. Lyon
Illinois Supreme Court
Writ of Error to the McHenry County Circuit Court; Hon. Isaac Gr. Wilson, Judge, presiding. The defendants in error, on the 1st day of March, 1860, sued out a writ of attachment in Circuit Court of McHenry county, against the plaintiff in error, and Edward Hichins and Nicholas H. Hichins. The affidavit for the writ alleged that said Cornelia It.
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Writ of Error to the McHenry County Circuit Court; Hon. Isaac Gr. Wilson, Judge, presiding. The defendants in error, on the 1st day of March, 1860, sued out a writ of attachment in Circuit Court of McHenry county, against the plaintiff in error, and Edward Hichins and Nicholas H. Hichins. The affidavit for the writ alleged that said Cornelia It. Hitehins, Edward Hichins and Nicholas H. Hichins were ■indebted to said Lyon and Sherwood, in “ a large sum, to wit: the sum of one hundred and twenty-three dollars for goods, wares and merchandise, and upon two promissory notes, and ■that the said…
1Opinion of the CourtJustice Beckwith
A judgment should not be rendered in an attachment suit for a greater sum than is claimed by the affidavit where there is no appearance by the defendant or personal service of the writ (12 Ill. 198), nor should it exceed the ad damnum of the plaintiffs’ declaration. Breese, 174; 3 Scam. 347; 2 Gilm. 375; 19 Ill. 46; 22 id. 287; 24 id. 197; 27 id. 293.
We are of the opinion that a return of non est inventáis is not necessary to authorize the rendition of a judgment under the provisions of the act of February 12, 1857. Laws of 1857, p. 51.
jReversed and rema/nded.
2Cases cited2 opinions
- Rowley v. BerrlanIllinois Supreme Court · 1850
- Oakes v. WardIllinois Supreme Court · 1857
3Cited by7 opinions
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- Palmer v. RiddleIllinois Supreme Court · 1899
- First National Bank v. HughesMissouri Court of Appeals · 1881
- Forsyth v. WarrenIllinois Supreme Court · 1871
- Safford v. CharlesMassachusetts Supreme Judicial Court · 1886
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