Johnson v. Buell
Illinois Supreme Court
The appellees sued out an attachment against Johnson, who was a non-resident, alleging that fact, and that he and Garrison were joint debtors, and prayed a summons against Garrison. The sheriff returned the attachment served, by a levy on some shingles, and by reading the process to Johnson. Garrison not found. After writ had been returned, a motion was made by Johnson only, to quash the writ, and a cross-motion to amend.
Read the full summary
The appellees sued out an attachment against Johnson, who was a non-resident, alleging that fact, and that he and Garrison were joint debtors, and prayed a summons against Garrison. The sheriff returned the attachment served, by a levy on some shingles, and by reading the process to Johnson. Garrison not found. After writ had been returned, a motion was made by Johnson only, to quash the writ, and a cross-motion to amend. Attachment writ was amended as per indorsement on same: “This writ amended March 12th, 1860, by inserting after the words ‘A. Garrison,’ in the summons portion of said writ,…
1Opinion of the CourtCaton, C. J.
If there was any defect in the form of the attachment, ■ as originally issued, that was cured by the amendment subsequently made by order of the court.
Here was no appearance by Garrison, for the purpose of submitting himself to the jurisdiction of the court. Probably a fair construction of the whole record would, lead to the conclusion that the clerk inadvertently added an s to the word defendant, in the entry of the motion to quash the attachment, for the reason that it contained no summons to Garrison, the resident defendant, but at any rate, admitting that Garrison did actually appear and…
2Cited by6 opinions
- Belknap v. CharltonOregon Supreme Court · 1893
- Abernathy v. MooreSupreme Court of Missouri · 1884
- Pack, Woods & Co. v. American Trust & Savings BankIllinois Supreme Court · 1898
- Raphael v. HartmanAppellate Court of Illinois · 1900
- Ross v. ClawsonIllinois Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.