Hanchett v. Weber
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. The appellees, Weber and Friedman, in January, 1885, having a ca sa., in their favor, against one J. B. Wolf, for a sum exceeding one hundred dollars, it was delivered to Hanehett, the appellant, as sheriff of Cook county, to be executed. The latter took Wolf under the writ and committed him to jail.
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Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. The appellees, Weber and Friedman, in January, 1885, having a ca sa., in their favor, against one J. B. Wolf, for a sum exceeding one hundred dollars, it was delivered to Hanehett, the appellant, as sheriff of Cook county, to be executed. The latter took Wolf under the writ and committed him to jail. The plaintiffs in the writ paid Wolf’s board in jail, as required by the statute; after the latter had remained in jail twenty-one days, and which imprisonment, at §1.50 per day, amounted to the sum of…
1Opinion of the CourtMcAllister, J.
The question submitted to the court below, by the agreed case, and for decision here, is whether or not the discharge of Wolf from imprisonment, under the execution against his body, was wrongful on the part of the sheriff; or, in other words, whether it was proper for the sheriff, under the provisions of the Insolvent Debtor Act, to credit Wolf, upon the execution, with the sum of thirty-one dollars a.nd fifty cents, on account of his twenty-one days’ imprisonment. Section 34 of that act provides: “ In any case where the defendant arrested upon final process shall not be entitled to relief…
2Cases cited1 opinion
- United States v. BabbitSupreme Court of the United States · 1862
3Cited by1 opinion
- Stroheim v. DeimelU.S. Circuit Court for the Northern District of Illnois · 1896