Jones v. Kennicott

This was a petition for ne exeat, filed by appellant, against appellee. The writ was issued, appellee arrested and let to bail, and, at the return term, the defendant moved to quash the writ for insufficiency of the petition. This motion was sustained by the court. Appellant asked leave to amend the petition, which was refused, and, by order of court, the suit was dismissed.

It is now insisted that it was error to quash the writ. The petition was defective, in not showing that the property alleged to have been sold by the defendant was not exempt from execution. Malcolm v. Andrews, 68 Ill. 100.