Hichins v. Lyon

Decided April 15, 1864

Illinois Supreme Court · decided 1864-04-15

Writ of Error to the McHenry County Circuit Court; Hon. Isaac Gr. Wilson, Judge, presiding. The defendants in error, on the 1st day of March, 1860, sued out a writ of attachment in Circuit Court of McHenry county, against the plaintiff in error, and Edward Hichins and Nicholas H. Hichins. The affidavit for the writ alleged that said Cornelia It.

Relies on Rowley v. Berrlan · Oakes v. Ward

Good law ✅— No negative treatment on recordhow we know

Decided 1864-04-15

How this case has been cited

Cited by 18 later decisions — most recently October 2022

18 state decisions

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:

¶2A judgment should not be rendered in an attachment suit for a greater sum than is claimed by the affidavit where there is no appearance by the defendant or personal service of the writ (12 Ill. 198), nor should it exceed the ad damnum of the plaintiffs’ declaration. Breese, 174; 3 Scam. 347; 2 Gilm. 375; 19 Ill. 46; 22 id. 287; 24 id. 197; 27 id. 293.

¶3We are of the opinion that a return of non est inventáis is not necessary to authorize the rendition of a judgment under the provisions of the act of February 12, 1857. Laws of 1857, p. 51.

¶4jReversed and rema/nded.