Churchill v. Abraham
Illinois Supreme Court
This was an action of debt commenced by John Abraham against the above named appellants in the Winnebagb county Circuit Court.
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This was an action of debt commenced by John Abraham against the above named appellants in the Winnebagb county Circuit Court. The plaintiff below avers that on the 22nd of December, A.D. 1854, Huntington, Wadsworth and Parks, creditors of said plaintiff, sued out of the Winnebago county Circuit Court an attachment against the property of said plaintiff, in pursuance of the statute, on which occasion, for the purpose of procuring the issuing of said writ of attachment, the said Churchill, Huntington, Wadsworth and Parks executed their bond commonly called an attachment bond, in the penal sum…
1Opinion of the Court
Catón, C. J.
The attachment bond in this case, is drawn in the precise form required by our statute, and it has never been held that the obligee could not recover the amount of the damages actually sustained by the wrongful suing out of the attachment, until he has brought an action for maliciously suing out the writ and recovered a judgment for the damages sustained, for the malicious act. Our statute intends to afford a remedy to the defendant in attachment, if the attachment is not sustained, although it may have been sued out in good faith, and upon probable cause. If the party could only…
2Cited by9 opinions
- Hibbard v. McKindleyIllinois Supreme Court · 1862
- Sharpe v. W. J. Morgan & Co.Illinois Supreme Court · 1893
- Simons v. FaganNebraska Supreme Court · 1901
- Sharpe v. W. J. Morgan & Co.Appellate Court of Illinois · 1892
- Wilson v. IsomAppellate Court of Illinois · 1878
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