Clymore v. Williams
Illinois Supreme Court
Writ of Error to the Circuit Court of Johnson county. This was an action of assumpsit, by Abram D. Williams, against John C. Clymore, aided by an attachment. The opinion of the court states the facts of the case.
1Opinion of the CourtChief Justice Scott
Two errors appear in the record that are fatal to the present judgment. The suit was commenced in assumpsit, with an attachment in aid. There being no personal service on defendant, and no appearance, it was improper to award a general execution against the property of defendant. Young v. Campbell, 5 Gilm. 8.
It was also erroneous to award a special execution "against certain lands of defendant, for the reason, that what purports to be a levy under the attachment writ, was not signed bv the officer who had it to execute, or any one else. There was in fact no levy upon real estate, or any other…
2Cases cited1 opinion
- Haywood v. CollinsIllinois Supreme Court · 1871
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- Haller v. RiethAppellate Court of Illinois · 1928
- Schrorer v. PettiboneAppellate Court of Illinois · 1895
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