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78 Ill. 131

Craft v. Dickens

Illinois Supreme Court

Decided June 15, 1875

Illinois Supreme Court · decided 1875-06-15

Writ of Error to the Circuit Court of Marion county j the Hon. Amos Watts, Judge, presiding. This was a bill in chancery, filed by John B. Craft, against Elijah S. Dickens, to reform an attachment bond by correcting certain mistakes made in drafting the same.

Good law ✅— No negative treatment on recordhow we know

Decided 1875-06-15

How this case has been cited

Cited by 5 later decisions — most recently November 1909

4 state decisions

301875188018901900decided

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. Chief Justice Scott

¶1delivered the opinion of the Court:

¶2This bill was to correct a mistake which is said to have occurred in an attachment bond taken in a case wherein Elijah S. Dickens was plaintiff and John B. Craft was defendant. A demurrer interposed was sustained, and the bill dismissed. That decision is the only error assigned.

¶3Whether there is any such defect in the bond as would render it invalid, is not necessary to inquire; but conceding a mistake did occur in the execution of the bond, it is plain equity will not assume jurisdiction to reform it, for the reason the statute has given courts of law, in which all attachment proceedings are had, ample powers to allow amendments at the trial, and complainant should have made his application to have the bond corrected in the court where he was sued. Having failed to avail of the remedy given by law, equity will afford him no relief.

¶4The decree dismissing the bill will be affirmed.

¶5Decree affirmed.

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