Legal Opinion

People ex rel. Livergood v. Greer

Illinois Supreme Court

Decided January 15, 1867PublishedCited by 8 opinions

This was an application for a peremptory mandamus against Samuel F. Greer, county judge of Macon county. The agreed facts in the case are as follows: In December, 1866, a ca. sa. was issued out of the Circuit Court of Macon county, upon a judgment before then recovered in said Circuit Court, against the relator, and in favor of one Peter Fob, in an action on the- ease, for an alleged seduction of Fob’s daughter.

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This was an application for a peremptory mandamus against Samuel F. Greer, county judge of Macon county. The agreed facts in the case are as follows: In December, 1866, a ca. sa. was issued out of the Circuit Court of Macon county, upon a judgment before then recovered in said Circuit Court, against the relator, and in favor of one Peter Fob, in an action on the- ease, for an alleged seduction of Fob’s daughter. That by virtue of said writ of ca. sa. the relator was arrested, and, at his request, was taken by the sheriff before the defendant, the county judge of said Macon county. That…

1Opinion of the CourtJustice Breese

The case presented by this record involves the construction of the act of 1861, amendatory of chapter 62 of the Devised Statutes, entitled “ Insolvent debtors.”

This amendatory act provides that in all cases where any person is or shall be imprisoned or arrested by virtue of final process issued upon a judgment rendered in an action of trespass, or trespass on the case, when said action was founded on or grew out of a contract express or implied, and when malice was not the gist of said action, such person shall be entitled to release his or her body from such arrest or imprisonment, by…

2Cases cited1 opinion

  1. People ex rel. Brennan v. CottonIllinois Supreme Court · 1853

3Cited by8 opinions

  1. First National Bank v. BurkettIllinois Supreme Court · 1882
  2. In Re Petition of BlacklidgeIllinois Supreme Court · 1935
  3. In re TinkerDistrict Court, S.D. New York · 1900
  4. Penoyer v. PeopleAppellate Court of Illinois · 1903
  5. Scanlon v. WhalenAppellate Court of Illinois · 1928

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