Legal Opinion

Kellar, Ettinger & Fink v. Norton

Illinois Supreme Court

Decided June 19, 1907PublishedCited by 9 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the County Court of Cook county; the Hon. Orrin N. Carter, Judge, presiding. Appellee filed his petition in the county court of Cook county under the Insolvent Debtors act, seeking to be discharged from imprisonment. The court entered an order releasing him, and that order has been affirmed by the Branch Appellate Court. The record is brought here by appeal.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the County Court of Cook county; the Hon. Orrin N. Carter, Judge, presiding. Appellee filed his petition in the county court of Cook county under the Insolvent Debtors act, seeking to be discharged from imprisonment. The court entered an order releasing him, and that order has been affirmed by the Branch Appellate Court. The record is brought here by appeal. The petition avers, among other things, that petitioner was arrested under a certain capias ad satisfaciendum issued out of the superior…

1Opinion of the CourtJustice Scott

The declaration in the suit in the superior court is in trover. The plaintiffs in that suit obtained in that court an order that a ca. sa. issue pursuant to the provisions of section 5 of chapter 77, Hurd’s Revised Statutes of 1905, and while held by virtue of that writ Norton sought his release under the provisions of section 2 of chapter 72, Hurd’s Revised Statutes of 1905, which reads: “When any person is arrested or imprisoned upon any process issued for the purpose of holding such person to bail upon any indebted-mess, or in any civil action when malice is not the gist of the action, or…

2Cases cited1 opinion

  1. First National Bank v. BurkettIllinois Supreme Court · 1882

3Cited by9 opinions

  1. Seney v. KnightIllinois Supreme Court · 1920
  2. Buck v. AlexIllinois Supreme Court · 1932
  3. Fetz v. PeopleAppellate Court of Illinois · 1926
  4. In re HinsonAppellate Court of Illinois · 1911
  5. Abbrassart v. BouchardAppellate Court of Illinois · 1926

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