Eberhardt v. Pennsylvania Co.
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Hjenby M. Shepabd, Judge, presiding. The appellant, Eberhardt, being a justice of the peace, duly issued, February 21, 1884, a writ of attachment in favor of Mary Casey, against the personal estate of John Casey, in the usual form, upon a debt of $38.83 for board, which writ was delivered to a constable to execute, and who, February 21, 1884, returned the same, that he found no property to attach; that he had served it…
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Appeal from the Superior Court of Cook county; the Hon. Hjenby M. Shepabd, Judge, presiding. The appellant, Eberhardt, being a justice of the peace, duly issued, February 21, 1884, a writ of attachment in favor of Mary Casey, against the personal estate of John Casey, in the usual form, upon a debt of $38.83 for board, which writ was delivered to a constable to execute, and who, February 21, 1884, returned the same, that he found no property to attach; that he had served it upon John Casey by reading it to him, and that by order of plaintiff he had summoned The Pennsylvania Company as…
1Opinion of the CourtMcAllister, J.
The injunction, which by the decree below was made perpetual, is a direct prohibition upon the action of the justice’s court, a legal tribunal, and in a case where it had jurisdiction. That was error. If the bill had presented a case of equitable circumstances, and an abuse by the party of the jurisdiction of the justice’s court against equity and conscience, even then the injunction should not have been directed to the court, but to the party. The court of chancery possesses no legal supremacy over justices’ courts, and can award no writs in the nature of a writ of prohibition upon the…
2Cases cited1 opinion
- Tyler v. HamersleySupreme Court of Connecticut · 1877
3Cited by3 opinions
- Herzberger v. BarrowAppellate Court of Illinois · 1904
- Klinesmith v. Van BramerAppellate Court of Illinois · 1902
- Lasher v. AnnunziataAppellate Court of Illinois · 1905