Keeley Brewing Co. v. Carr
Illinois Supreme Court
Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is an action of assumpsit, commenced by attachment by the appellant, against the appellee, in the circuit court of Cook county, on the ground that appellee was a non-resident of the State of Illinois.
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Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is an action of assumpsit, commenced by attachment by the appellant, against the appellee, in the circuit court of Cook county, on the ground that appellee was a non-resident of the State of Illinois. The attachment writ was returned not found as to the appellee, but was levied upon the equitable interest of the appellee in certain real estate situated in the city of Chicago. Service was had by publication, and on May…
1Opinion of the CourtJustice Hand
The only question involved in this appeal is, can an alias writ of special execution legally issue in an attachment suit where the court does not have jurisdiction of the person of the defendant and judgment is rendered by default? We are of the opinion it cannot. Attachment, proceedings are in derogation of the common law and derive all their validity from the statute, and must conform in all essential particulars to the requirements of the statute. (Cariker v. Anderson, 27 Ill. 358.) Section 35 of the Attachment act, which is the only authority for issuing a writ of special execution, does…
2Cases cited2 opinions
- Cariker v. AndersonIllinois Supreme Court · 1862
- Pack, Woods & Co. v. American Trust & Savings BankIllinois Supreme Court · 1898
3Cited by2 opinions
- Pease v. FrankIllinois Supreme Court · 1914
- Haller v. RiethAppellate Court of Illinois · 1928