Hichins v. Lyon
Cases that cite this one
6 later published cases cite this decision.
- Krumser v. Meeker-Magner Co. (Ill. App. Ct. 1920)
- Taylor v. Richman (Ill. App. Ct. 1900)
- Palmer v. Riddle (Ill. 1899)
- Gum-Elastic Roofing Co. v. Mexico Publishing Co. (Ind. 1895)
- Safford v. Charles (Mass. 1886)
- Forsyth v. Warren (Ill. 1871)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the Court:
A 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.
We 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.
jReversed and rema/nded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.