Maher v. Huette
Appellate Court of Illinois
Error to the Circuit Court of Jo Daviess county; the Hon. William Brown, Judge, presiding. The defendant in error recovered a judgment against the plaintiff in error, upon which execution was issued and placed in the hands of the sheriff, by whom it was afterwards returned unsatisfied. The defendant in error thereupon made his affidavit, and obtained an order based thereon for an execution against the body of his debtor, the plaintiff in error.
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Error to the Circuit Court of Jo Daviess county; the Hon. William Brown, Judge, presiding. The defendant in error recovered a judgment against the plaintiff in error, upon which execution was issued and placed in the hands of the sheriff, by whom it was afterwards returned unsatisfied. The defendant in error thereupon made his affidavit, and obtained an order based thereon for an execution against the body of his debtor, the plaintiff in error. The oa. sa. being issued, and the appellant arrested, he demanded a jury to try the question whether he was guilty of a refusal to surrender his…
1Opinion of the CourtPillsbury, J.
By stipulation filed, the only question submitted for our determination, is whether the demand made by the officer is sufficient in law to authorize the issue of the execution against the body of the plaintiff in error. By section 12 of our bill of rights it is declared that, “Ho person shall be imprisoned for debt unless upon refusal to deliver up his es_ tate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is a strong presumption of fraud.”
The legislature under the authority contained in the exceptions in the above section of the…
2Cases cited1 opinion
- Tuttle v. WilsonIllinois Supreme Court · 1860
3Cited by2 opinions
- Huntington v. MetzgerAppellate Court of Illinois · 1893
- Morris v. SchwartzAppellate Court of Illinois · 1945