Boggs v. Bindskoff
Illinois Supreme Court
This suit was commenced by attachment by appellees against appellant. Affidavit alleges that “ defendant conceals himself and evades the officers, so that the ordinary process of the law cannot be had or served on him.” Attachment was sued out on the 22nd April, 1858, was levied on property on that day, and served on defendant below on the 24th day of same month. Declaration in assumpsit in usual form.
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This suit was commenced by attachment by appellees against appellant. Affidavit alleges that “ defendant conceals himself and evades the officers, so that the ordinary process of the law cannot be had or served on him.” Attachment was sued out on the 22nd April, 1858, was levied on property on that day, and served on defendant below on the 24th day of same month. Declaration in assumpsit in usual form. Defendant pleads in abatement that he “ did not conceal himself and evade the officers as alleged.” At May term, 1859, Kitchell, Judge, presiding, issue being joined on the plea, a jury was…
1Opinion of the CourtCaton, C. J.
The court erred in this case in refusing proper instructions asked by the defendant as to what constitutes an absconding or concealment so as to justify the issuing an attachment, and the finding of the jury was against the evidence. Indeed the evidence does not tend to show an absconding or concealment as contemplated by our attachment law. The proof shows that the defendant resided in Wayne county, and had resided there for fifteen years as a practising physician. His place of residence was public and notorious to all who did business with him, and the sheriff of that county never had any…
2Cited by3 opinions
- Equitable Produce & Stock Exchange v. KeyesAppellate Court of Illinois · 1896
- Italian-Swiss Agricultural Colony v. PeaseAppellate Court of Illinois · 1901
- Metzger v. HuntingtonAppellate Court of Illinois · 1893