Haywood v. McCrory
Illinois Supreme Court
Writ of Error to the Circuit Court of Coles county; the Hon. Justin Harlan, Judge, presiding. This was an action of assumpsit commenced in the Circuit Court of Coles county, on the 3d day of May, 1860, by William E. McOrory against Rufus Haywood and William C. Bane.
Read the full summary
Writ of Error to the Circuit Court of Coles county; the Hon. Justin Harlan, Judge, presiding. This was an action of assumpsit commenced in the Circuit Court of Coles county, on the 3d day of May, 1860, by William E. McOrory against Rufus Haywood and William C. Bane. On the day mentioned, the plaintiff filed his affidavit, setting forth “that said William C. Bane and Rufus Haywood are justly indebted to him, the said William E. McOrory, as cashier of the Farmers’ and Traders’ Bank, in the full sum of forty-five hundred dollars, for which they have given him their promissory note, payable in…
1Opinion of the CourtJustice Beckwith
This was a suit in personam against William C. Bane, and by attachment against Bufus Haywood, the plaintiff in error. The affidavit upon which process issued, stated that the defendants below were indebted to the plaintiff below, in the sum of forty-five hundred dollars, for which they had given their note; and that the plaintiff in error was not a resident of the State.
It is assigned for error, that the affidavit does not sufficiently describe the nature of the indebtedness.
The statute does not require the nature of the indebtedness to be described with any degree of particularity. The…
2Cases cited2 opinions
- Hinman v. RushmoreIllinois Supreme Court · 1862
- Fuller v. LangfordIllinois Supreme Court · 1863
3Cited by7 opinions
- Haywood v. CollinsIllinois Supreme Court · 1871
- Todd & Smith v. GatesWest Virginia Supreme Court · 1882
- Gage v. People ex rel. RaymondIllinois Supreme Court · 1900
- Riely v. BartonAppellate Court of Illinois · 1889
- American Manufacturing Co. v. National Supply Co.Lucas Circuit Court · 1907
2 more not listed; retrieve them via the Exa API.