Kitson v. Farwell
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard iu that court on appeal from the Circuit Court of Cook county; the Hon. A. N. Waterman, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard iu that court on appeal from the Circuit Court of Cook county; the Hon. A. N. Waterman, Judge, presiding. John V. Farwell and his co-partner brought suit in the Superior Court of Cook county, against Samuel Kitson, and filed their declaration, in substance, as follows : That on September 19, 1885, the defendant, desiring to obtain goods of the plaintiffs on' credit, applied to plaintiffs for that purpose, and to induce the plaintiffs to believe that he was solvent and worthy of credit, and to induce plaintiffs to sell and deliver…
1Opinion of the CourtChief Justice Shops
It is insisted by appellees, that the petition of the debtor to the county court is insufficient to warrant his discharge, for the reason that it is not alleged therein that the writ under which the arrest was made was not issued in a “civil action where malice is not the gist of the action.” The objection is without merit. The proceedings before the county court under the Insolvent Debtors’ act are summary, and without formal pleading. The requirement of the statute is, simply, that notice of the application must be°given. The policy of our. law is opposed to imprisonment for debt, and no…
2Cases cited3 opinions
- Gage v. LewisIllinois Supreme Court · 1873
- First National Bank v. BurkettIllinois Supreme Court · 1882
- Blow v. GageIllinois Supreme Court · 1867
3Cited by31 opinions
- City of Geneseo v. Illinois Northern Utilities Co.Illinois Supreme Court · 1941
- Louis W. Repsold, Jr. v. New York Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1954
- Sawyer v. NelsonIllinois Supreme Court · 1896
- Seney v. KnightIllinois Supreme Court · 1920
- Wells v. Boston & Maine RailroadSupreme Court of Vermont · 1909
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