Legal Opinion

Reinhardt v. Kennedy

Appellate Court of Illinois

Decided February 13, 1903PublishedCited by 1 opinion

Motion to Quash an Execution, etc.—Error to the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge presiding. Heard in the Branch Appellate Conrt at the- March term, 190S. May 31,1898, a judgment in favor of James Kennedy was rendered by a justice of the peace of Cook county against Louis Reinhardt and Katharina Reinhardt for $200 and costs.

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Motion to Quash an Execution, etc.—Error to the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge presiding. Heard in the Branch Appellate Conrt at the- March term, 190S. May 31,1898, a judgment in favor of James Kennedy was rendered by a justice of the peace of Cook county against Louis Reinhardt and Katharina Reinhardt for $200 and costs. Execution against both of the defendants was issued upon the-same day and given to a constable of said county, who six days thereafter made thereon the following return : “ By virtue of the within I have made a demand and left a copy of this…

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the court.

■The record does not show, as is insisted, that the trial in the justice court, at which only one of the defendants, Louis Reinhardt, appeared, was had before the expiration of an hour from the time of day at which the summons was made returnable.

If the return of the execution by the constable “ no property found ” had been made by direction of the plaintiff, it would have been insufficient to have warranted the justice in certifying the judgment to_the clerk of the Circuit Court. As was said by the Appellate Court in Pecos v.…

2Cases cited3 opinions

  1. Phillips v. DemossIllinois Supreme Court · 1853
  2. Scheubert v. HonelAppellate Court of Illinois · 1893
  3. Young v. ClappAppellate Court of Illinois · 1891

3Cited by1 opinion

  1. Kelly v. MarksAppellate Court of Illinois · 1932

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