Malcolm v. Andrews
Illinois Supreme Court
Writ op Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This was a proceeding in the Marion circuit court, by petition under the statute, instituted by Andrews against Malcolm for a ne exeat.
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Writ op Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This was a proceeding in the Marion circuit court, by petition under the statute, instituted by Andrews against Malcolm for a ne exeat. The case made by the petition is simply that petitioner was the owner, by assignment before due, of two promissory notes made by Malcolm on the 30th day of October, 1872, in and by each of which the latter promised to pay one G. W. ICinney $50 six months after date, with interest at the rate of ten per cent per annum, which several notes Kinney indorsed to French,…
1Opinion of the CourtJustice McAllister
The petition or bill in this case was brought against the maker of two promissory notes, before their maturity, upon which a ne exeat was issued and plaintiff in error arrested and required to give special bail. The only ground for such arrest set forth in the petition was the complainant’s statement, upon information and belief, that, since the making of the notes, plaintiff in error had sold out the greater part of his property, and was endeavoring to sell the remainder; had threatened to leave the State of Illinois, and had said he would not pay said notes. It is not alleged that he had…
2Cases cited4 opinions
- Burnap v. MarshIllinois Supreme Court · 1852
- Gorton v. FrizzellIllinois Supreme Court · 1858
- In re SmithIllinois Supreme Court · 1855
- Strode v. BroadwellIllinois Supreme Court · 1865
3Cited by6 opinions
- Jones v. KennicottIllinois Supreme Court · 1876
- Elkay Steel Co. v. CollinsSupreme Court of Pennsylvania · 1958
- Earles v. EarlesAppellate Court of Illinois · 1951
- People ex rel. Porteus v. BartonSupreme Court of Colorado · 1891
- Brophy v. SheppardAppellate Court of Illinois · 1906
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