Craft v. Turney

Illinois Supreme Court

Craft v. Turney

25 Ill. 324

DecidedJanuary 15, 1861

StatusPublished

This text of 25 Ill. 324 (Craft v. Turney) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Craft v. Turney, 25 Ill. 324 (Ill. 1861).

Pincite

Opinion

Walker, J.

To entitle the plaintiff in an attachment cause to a trial at the return term, he must file his declaration at least ten days before the term, as in other cases. White v. Hogue, 18 Ill. 150. In this case, the declaration was not filed until the first day of the term, and the defendant’s motion for a continuance should have been allowed. The court therefore erred in overruling the motion, in entering a default, in assessing the damages, and rendering the judgment, which is reversed, and the cause remanded.

Judgment reversed. .

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Walker, J.

To entitle the plaintiff in an attachment cause to a trial at the return term, he must file his declaration at least ten days before the term, as in other cases. White v. Hogue, 18 Ill. 150. In this case, the declaration was not filed until the first day of the term, and the defendant’s motion for a continuance should have been allowed. The court therefore erred in overruling the motion, in entering a default, in assessing the damages, and rendering the judgment, which is reversed, and the cause remanded.

Judgment reversed. .

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Bluebook (online)

25 Ill. 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craft-v-turney-ill-1861.

Opinion

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