Legal Opinion

In re Mansfield

Appellate Court of Illinois

Decided May 16, 1905No. Gen. No. 11,711PublishedCited by 3 opinions

Petition for discharge under Insolvent Debtor’s Act. Appeal from the County Court of Cook County; the Hon. Orrin N. Carter, Judge, presiding.

1Opinion of the Court

Mr. Presiding Justice Baker

delivered the opinion of the court.

Section 3 of the Justices and Constables Act provides, that a justice may issue an execution against the body of the defendant “ upon all judgments in actions of tort.” Section 2 of the Insolvent Debtor’s Act provides for the release of a debtor arrested or imprisoned under such an execution when the same was issued upon a judgment “ in any civil action when malice is not the gist of the action.”

It may be difficult to see any good reason why one rule should apply to the issuing of an execution against the body of a defendant, and…

2Cases cited8 opinions

  1. Pease v. . SmithNew York Court of Appeals · 1875
  2. Jernberg v. MixIllinois Supreme Court · 1902
  3. First National Bank v. BurkettIllinois Supreme Court · 1882
  4. Mahler v. SinsheimerAppellate Court of Illinois · 1886
  5. Masterson v. FurmanAppellate Court of Illinois · 1900

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Doherty v. Schipper & Block, Inc.Appellate Court of Illinois · 1910
  2. Sankstone v. PeopleAppellate Court of Illinois · 1912
  3. Ettinger v. NortonAppellate Court of Illinois · 1907

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