Steamboat Clarion v. Moran
Illinois Supreme Court
Moran filed his affidavit, stating that he had entered into an agreement with the agent of the steamboat Clarion to run as her master, at one hundred dollars per month, and that the boat was indebted to him for extra services, as pilot. The indebtedness sworn to was five hundred and fifty-four dollars. The boat and furniture were levied upon by the attachment issued, upon the affidavit.
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Moran filed his affidavit, stating that he had entered into an agreement with the agent of the steamboat Clarion to run as her master, at one hundred dollars per month, and that the boat was indebted to him for extra services, as pilot. The indebtedness sworn to was five hundred and fifty-four dollars. The boat and furniture were levied upon by the attachment issued, upon the affidavit. A default was entered against the boat, a writ of inquiry was awarded, and damages assessed at $1,000. There was a judgment on the verdict, and a special execution ordered. On the following day Moran entered a…
1Opinion of the CourtScates, C. J.
The act authorizing attachments against boats has not dispensed with a summons to the owner, or constructive notice by publication of notice, as in other cases of attachment. 1 Purple’s Stat. pp. 107-8, Sec. 3.
There is no service shown here, either by summons or publication, and there being no appearance, the whole proceeding is erroneous.
There is another error in the amount of the judgment. In proceedings of this kind, in rem., where there is no appearance, the judgment cannot exceed the debt sworn to in the affidavit for the attachment. Rowley v. Berrian, 12 Ill. R. 101-2; Henrie v.…
2Cited by2 opinions
- Cohen v. SmithAppellate Court of Illinois · 1889
- Tustin v. TaylorAppellate Court of Illinois · 1926