Davis v. Shapleigh
Illinois Supreme Court
AGREED CASE EROM MORGAN. Before the April term of the Greene Circuit Court, A. D, 1854, attachments were issued by the clerk of that court against one William Pankey, at the suit of Duvall, Keighler & Dorsey, Shapleigh, Day & Co., Eddy, Jameson & Co., Manny, Weld & Drake, and many other parties, which attachments were levied by the sheriff of Greene county, on certain personal property' in the hands of Thomas Davis, Ransom Davis and John B. Choquette, who severally gave bond…
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AGREED CASE EROM MORGAN. Before the April term of the Greene Circuit Court, A. D, 1854, attachments were issued by the clerk of that court against one William Pankey, at the suit of Duvall, Keighler & Dorsey, Shapleigh, Day & Co., Eddy, Jameson & Co., Manny, Weld & Drake, and many other parties, which attachments were levied by the sheriff of Greene county, on certain personal property' in the hands of Thomas Davis, Ransom Davis and John B. Choquette, who severally gave bond according to the statute for the delivery of the same, each for the property in his possession. The writs of attachment…
1Opinion of the Court
Catón, C. J.
The only question in this case is, whether the eighth section of our abatement law applies to proceedings by attachment. With some reluctance, we find ourselves constrained by the seventh and thirty-fifth sections of the attachment law, to hold that it does. The eighth section of the abatement law provides that where there is but one defendant in an action which might be prosecuted against heirs, devisees, executors or administrators, and he dies before final judgment, the action shall not thereby abate, but his death may be suggested on the record, and his proper representatives…
2Cited by11 opinions
- Dow v. BlakeIllinois Supreme Court · 1893
- Lillard v. NobleIllinois Supreme Court · 1896
- Foreman Brothers Banking Co. v. HandyMichigan Supreme Court · 1925
- Tetzloff v. MaySupreme Court of Iowa · 1915
- Dow v. BlakeAppellate Court of Illinois · 1892
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