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33 Ill. 379

Kerr v. Swallow

Illinois Supreme Court

Decided January 15, 1864

Illinois Supreme Court · decided 1864-01-15

Writ of Error to the Circuit Court of Sangamon county; the Hon. Edward Y. Rice, Judge, presiding. William Swallow commenced his action of assumpsit in the court below, against Anne McKean Kerr, John M. Kerr, and Mary Hoffman, by a writ of attachment, which was levied upon real estate. Notice was given the defendants by publication, but there was no personal service of process.

Good law ✅— No negative treatment on recordhow we know

Decided 1864-01-15

How this case has been cited

Cited by 4 later decisions — most recently December 1905

4 state decisions

1018641870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Beckwith

¶1delivered the opinion of the Court:

¶2This was a suit by attachment against Anne McKean Kerr and others. The declaration was in assumpsit, and the names of the parties therein are identical with those in the writ. The plea was the general issue, in the usual form, It gives the title of the cause, and then says: “ And the said defendants come and defend the wrong, &c.” There is nothing in the previous proceedings by which the word “ defendants ” can be limited to a less number than all of them, and the plea must he held to be that of all the defendants. In the title of the cause upon the judgment record, the name Anne is spelled Anna, but the judgment was rendered against the defendants in the suit. The variance was not material. ' After appearance .and"- plea the suit was one in personam, and the judgment against the defendants in personam was properly rendered. As the property attached was not released by the defendants’ appearance, a special execution might properly issue. There is no error in the record, and the judgment is affirmed.

¶3Judgment affirmed.

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