Humphreys v. Matthews
Illinois Supreme Court
Humphreys sued out an attachment against Matthews, returnable into the Cook Circuit Court, upon an affidavit, in substance, as follows : That in the year 1846 the plaintiff and defendant purchased 3,682 bushels of wheat, on joint account. That said wheat was sent to Oswego, in the state of New York, by agreement, and was there received by the defendant, upon an agreement with plaintiff that said defendant would have the wheat ground and turned into flour.
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Humphreys sued out an attachment against Matthews, returnable into the Cook Circuit Court, upon an affidavit, in substance, as follows : That in the year 1846 the plaintiff and defendant purchased 3,682 bushels of wheat, on joint account. That said wheat was sent to Oswego, in the state of New York, by agreement, and was there received by the defendant, upon an agreement with plaintiff that said defendant would have the wheat ground and turned into flour. In consideration for which it was agreed that defendant should receive out of the wheat, for himself, all that should not be required to…
1Opinion of the Court
Opinion by Mr. Justice Trumbull :
Can an action of account be commenced by attachment, and if so, was the affidavit upon which the writ in this case issued sufficient P
The Circuit Court, on motion of the defendant, dismissed the proceeding, and that decision is now assigned for error.
Our attachment act is very broad, and the benefit of its provisions is not confined to any particular form of action. Any creditor is authorized, under certain circumstances, to sue out an attachment, and the statute is silent as to the nature or form of the action in which the writ may issue. The law was designed…
2Cited by6 opinions
- Thomas R. Wood & Co. v. Merchants' Saving, Loan & Trust Co.Illinois Supreme Court · 1866
- Greeley v. WhiteheadSupreme Court of Florida · 1895
- Stone v. BooneSupreme Court of Kansas · 1880
- Bingham v. KeylorWashington Supreme Court · 1898
- Phelps v. Columbia Phonograph Broadcasting System, Inc.Appellate Court of Illinois · 1929
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