Thormeyer v. Sisson
Illinois Supreme Court
Writ oe Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. On the 80th of March, 1876, plaintiff sued out a writ of attachment against the property of defendants. The affidavit alleging the indebtedness and causes for attachment, is in the usual form, and also states defendants are not residents of the State of Illinois, but that their place of residence is St. Joseph, Berien county, in the State of Michigan.
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Writ oe Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. On the 80th of March, 1876, plaintiff sued out a writ of attachment against the property of defendants. The affidavit alleging the indebtedness and causes for attachment, is in the usual form, and also states defendants are not residents of the State of Illinois, but that their place of residence is St. Joseph, Berien county, in the State of Michigan. The'writ issued was levied upon real estate of defendants. ¡Notice of the pendency of the attachment, in the usual form, was published in a newspaper…
1Opinion of the CourtJustice Soott
27o principle is better settled by the previous decisions of this court than that, in attachment proceedings, all the essential requirements of the statute giving the remedy must be observed. Attachment is a remedy given by statute, and it must appear, affirmatively, its provisions have been substantially conformed to, before the court can obtain jurisdiction, where there is no personal service of the attachment writ or appearance of defendant.
In the case before us the notice contained every material thing the statute enjoins, and was published for the requisite length of time in a newspaper…
2Cited by13 opinions
- Dennison v. TaylorIllinois Supreme Court · 1892
- Martin v. SchilloIllinois Supreme Court · 1945
- Stumpff v. PriceSupreme Court of Oklahoma · 1918
- Baldwin v. FergusonAppellate Court of Illinois · 1890
- Ford v. Transocean Airlines, Inc.Appellate Court of Illinois · 1960
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