Tuttle v. Wilson
Illinois Supreme Court
The declaration in this case, which was an action of debt for an escape, contains two counts,' both of which, substantially, state that the plaintiffs in error, on the 10th day of April, 1857, recovered a judgment in the Cook County Court of Common Pleas, against one Anthony A. Thiele, for the sum of $733.09, damages, and $6.60, costs ; and that for the having of execution of the said judgment, the plaintiffs, on the first day of June, 1857, issued a writ of capias ad…
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The declaration in this case, which was an action of debt for an escape, contains two counts,' both of which, substantially, state that the plaintiffs in error, on the 10th day of April, 1857, recovered a judgment in the Cook County Court of Common Pleas, against one Anthony A. Thiele, for the sum of $733.09, damages, and $6.60, costs ; and that for the having of execution of the said judgment, the plaintiffs, on the first day of June, 1857, issued a writ of capias ad satisfaciendum, and delivered the same to the defendant in error, who was sheriff of Cook county; that the said sheriff…
1Opinion of the CourtBreese, J.
The right to personal liberty is one of the most valuable and most cherished rights appertaining to man in society, and one of which he cannot be deprived, except by the judgment of his peers, or by the law of the land. . In the barbaric age of the law in this country, the unfortunate debtor could be deprived of this inestimable right, if he failed to pay an honest debt. His creditor could keep him in arcta custodia for the misfortune of being poor. This was so in all the States of this Union, whose organic laws had been established prior to the year eighteen hundred and eighteen, except…
2Cases cited2 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Loder v. PhelpsNew York Supreme Court · 1834
3Cited by11 opinions
- Jamila Russell v. Superior Court of the Virgin ICourt of Appeals for the Third Circuit · 2018
- Huntington v. MetzgerIllinois Supreme Court · 1895
- James v. HambletonIllinois Supreme Court · 1866
- Kinzey v. ThomasIllinois Supreme Court · 1862
- Forsberg v. HarrisAppellate Court of Illinois · 1960
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