Strode v. Broadwell
Illinois Supreme Court
Writ of Error to the Circuit Court of Sangamon county; the Hon. Edward Y. Bice, Judge, presiding. Defendant in error recovered a judgment against plaintiff in error, in the Sangamon Circuit Court. He, during the term at which the judgment was recovered, caused an execution to issue, which was afterwards duly returned, no property found.
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Writ of Error to the Circuit Court of Sangamon county; the Hon. Edward Y. Bice, Judge, presiding. Defendant in error recovered a judgment against plaintiff in error, in the Sangamon Circuit Court. He, during the term at which the judgment was recovered, caused an execution to issue, which was afterwards duly returned, no property found. Subsequently, defendant in error filed an affidavit, charging plaintiff in error with fraud, by failing and refusing to surrender property to the officer to satisfy the judgment. On this affidavit a ca. sa. was issued, and plaintiff in error was arrested. He…
1Opinion of the CourtChief Justice Walker
This record presents the question whether the discharge of a defendant, arrested and in custody, under a capias ad satisfaciendum, by agreement of the parties, made when a jury were unable to agree whether there were grounds for his arrest under our constitution and laws, operates as a satisfaction of the judgment. At common law, there seems to be no question that such was its effect. In Great Britain, and in the various States of the Union where the common law obtains, it is held, it is believed, without an exception, that seizing the body in execution operates as a satisfaction of the debt,…
2Cases cited1 opinion
- Burnap v. MarshIllinois Supreme Court · 1852
3Cited by3 opinions
- In Re Petition of BlacklidgeIllinois Supreme Court · 1935
- Malcolm v. AndrewsIllinois Supreme Court · 1873
- Stephenson v. PurchaseMichigan Supreme Court · 1921