Legal Opinion

Britton v. Gregg

Appellate Court of Illinois

Decided June 28, 1901PublishedCited by 1 opinion

Assumpsit.—Attachment in aid. Error to the Superior Court of Cook County; the Hon. James Goggin, Judge, presiding.

1Opinion of the Court

Mr. Presiding Justice Shepard

delivered the opinion of the court.

The record shows that the Superior Court was without power to render judgment against the defendants. The affidavit shovvn is not in compliance with the statute. The statute, section' 2, of the act entitled “ Attachments,” is as follows:

“ To entitle a creditor to such writ of attachment, he or his agent or attorney shall make and file with the clerk of such court an affidavit setting forth the nature and amount of the indebtedness, after allowing all just credits and set-offs, and' any. one or more of the-causes mentioned in the…

2Cases cited6 opinions

  1. Claflin v. DunneIllinois Supreme Court · 1889
  2. Dyer v. FlintIllinois Supreme Court · 1859
  3. Thormeyer v. SissonIllinois Supreme Court · 1876
  4. Reitz v. PeopleIllinois Supreme Court · 1875
  5. Prins v. HinchliffAppellate Court of Illinois · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Robinson & Co. v. MarrAppellate Court of Illinois · 1908

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