Burnap v. Wight
Illinois Supreme Court
This was an action of debt, commenced by Burnap against Wight, upon a bond given upon the issuing of a writ of ne exeat against the former, at the instance of certain parties for whom Wight acted as the attorney, and in that capacity made the affidavit upon which the process issued. Burnap was arrested upon the process, and committed to the custody of the sheriff. The declaration contained several counts, which embraced many causes of complaint.
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This was an action of debt, commenced by Burnap against Wight, upon a bond given upon the issuing of a writ of ne exeat against the former, at the instance of certain parties for whom Wight acted as the attorney, and in that capacity made the affidavit upon which the process issued. Burnap was arrested upon the process, and committed to the custody of the sheriff. The declaration contained several counts, which embraced many causes of complaint. The petition upon which the ne exeat issued, was dismissed in the circuit court. This was the foundation of the action. To the declaration a special…
1Opinion of the CourtTreat, C. J.
The condition of the bond given by the plaintiff on suing out a writ of ne exeat is, that he “ will prosecute his bill or petition with effect; and that he will reimburse to the defendant such damages and costs as he shall wrongfully sustain by occasion of the said writ.” The statute provides : “ If any defendant to such writ of ne exeat shall think himself aggrieved, he may bring suit on such bond; and if, on trial, it shall appear that such writ of ne exeat was prayed for without a just cause, the person injured shall recover damages, to be assessed,’ as in other cases, on penal bonds.” R.…
2Cases cited5 opinions
- Grannis v. ClarkCourt for the Trial of Impeachments and Correction of Errors · 1827
- Tucker v. RandallMassachusetts Supreme Judicial Court · 1807
- Pettit v. MercerCourt of Appeals of Kentucky · 1847
- Steel v. President of Western Inland Lock NavigationNew York Supreme Court · 1807
- Wilmarth v. MountfordSupreme Court of Pennsylvania · 1822
3Cited by17 opinions
- Barnes v. Northern Trust Co.Illinois Supreme Court · 1897
- Lawrence v. HagermanIllinois Supreme Court · 1870
- Higgins v. HalliganIllinois Supreme Court · 1867
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1904
- Sundmacher v. BlockAppellate Court of Illinois · 1891
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