Walker v. Welch
Illinois Supreme Court
The opinion of the court, contains a sufficient statement of the facts of this case. The cause was heard before Sheldon, Judge, at November term, 1851, of the Jo Daviess Circuit Court. Walker brings the cause to this court, and assigns errors. Walker, the appellant, stood by his demurrer to the declaration, and the court proceeded to render a judgment in favor of the plaintiffs below.
1Opinion of the CourtTreat, C. J.
Welch and McCully sued out an attachment against Walker. The affidavit, on which the writ issued, stated, that “ the said Walker was removing, and about to remove his property from the State of Illinois, to the injury of said Welch and McCully.” The defendant pleaded in abatement, that “ he was not removing from the State of Illinois; nor was he removing his property from said State of Illinois, to the injury of said plaintiffs.” The court sustained a demurrer to the plea, and that decision is assigned for error. The plea was clearly defective. Its allegations might all be strictly true, and…
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