McKindley v. Rising
Illinois Supreme Court
James McKindley, George Church, Jr., and Charles W. Church, the plaintiffs in the above case, filed their praecipe in the Superior Court of Chicago, and caused a summons in an action of debt to be issued October 24, 1860, by the clerk of said court to the sheriff of Winnebago county, against Henry T. Mesler, and Nathaniel Rising, which summons was returned served on said Rising, October 27, 1860. The plaintiffs filed their declaration in the suit commenced as aforesaid, in…
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James McKindley, George Church, Jr., and Charles W. Church, the plaintiffs in the above case, filed their praecipe in the Superior Court of Chicago, and caused a summons in an action of debt to be issued October 24, 1860, by the clerk of said court to the sheriff of Winnebago county, against Henry T. Mesler, and Nathaniel Rising, which summons was returned served on said Rising, October 27, 1860. The plaintiffs filed their declaration in the suit commenced as aforesaid, in the usual form in debt, on a special bail bond, to the sheriff of Cook county, bearing date August 21, 1859, and executed…
1Opinion of the Court
Catón, C. J.
This was an action on the case for a tort, and that provision of the constitution which exempts debtors from imprisonment, has no application. That applies only to cases of contract, express or implied. People v. Cotton, 14 Ill. 414. In a case like this, the statute must receive its natural construction, without the restraining influence of the constitution, which has been applied to it in cases ex contractu. When tested by the standard of the statute alone, this affidavit was sufficient. It set forth the cause of action clearly and distinctly, so that the clerk could judge of…
2Cases cited1 opinion
- People ex rel. Brennan v. CottonIllinois Supreme Court · 1853
3Cited by4 opinions
- Shatz v. PaulAppellate Court of Illinois · 1955
- Ex parte BergmanNevada Supreme Court · 1884
- Lipman v. GoebelIllinois Supreme Court · 1934
- Rich v. PeopleIllinois Supreme Court · 1873