Schulenberg v. Farwell
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. On the 21st day of October, 1875, plaintiffs commenced an action of assumpsit against defendant. The summons issued was made returnable to the next term of court, and was served by the proper officer in time for that term. On the same day, plaintiffs sued out a writ of attachment in aid of the suit just commenced, which was levied on property of defendant.
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Writ of Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. On the 21st day of October, 1875, plaintiffs commenced an action of assumpsit against defendant. The summons issued was made returnable to the next term of court, and was served by the proper officer in time for that term. On the same day, plaintiffs sued out a writ of attachment in aid of the suit just commenced, which was levied on property of defendant. A declaration was filed in the action of assumpsit, alleging indebtedness under the common counts. At the term of court to which the summons was…
1Opinion of the CourtJustice Scott
Although commenced on the same day, the attachment was none the less in aid of the suit in assumpsit. Having commenced his suit by summons, plaintiff'had the undoubted right, at any time before final judgment, to sue out a writ of attachment in aid of his original suit, and it makes no difference whether his suit had been commenced one day or one month, or any indefinite period. It is enough if it appear the principal action was commenced first. Under our statute, it seems the original suit may proceed to final decision, notwithstanding the causes for attachment may be contested. Ho reason is…
2Cited by11 opinions
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