Recht v. Kelly
Illinois Supreme Court
Writ of Error to the Circuit Court of Jersey county; the Hon. Cyrus Epler, Judge, presiding. This was a suit originally brought before a justice of the peace, by Franklin L. Becht against Bickard Kelly, who was a constable, to recover three times the value of a heifer and calf of the plaintiff, which the defendant levied upon and sold under execution, and taken, by appeal, to the circuit court. A trial was had, resulting in a judgment for the defendant.
1Opinion of the CourtJustice Scott
Under the statute, the property levied upon by defendant was, in terms, exempt from levy and sale, the owner being the head of a family, residing with them, unless' that right was barred by that clause in the note, upon which the judgment was recovered, that provides, the maker, although confessing judgment and releasing all errors, expressly waived the “benefit of all laws exempting real or personal property from levy and sale.” That such a waiver, where the same is attempted to be made by an executory contract, is ineffectual, and will not be enforced, is definitely settled by the decisions…
2Cases cited2 opinions
- Phelps v. PhelpsIllinois Supreme Court · 1874
- Curtis v. O'BrienSupreme Court of Iowa · 1866
3Cited by26 opinions
- City of Glendale v. CoquatArizona Supreme Court · 1935
- Zachmann v. ZachmannIllinois Supreme Court · 1903
- Capell v. CapellSupreme Court of Virginia · 1935
- Carter's Administrators v. CarterSupreme Court of Florida · 1884
- Moran v. ClarkWest Virginia Supreme Court · 1887
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