Hichins v. Lyon
Illinois Supreme Court
Hichins v. Lyon, 35 Ill. 150 (Ill. 1864)
Beckwith
Hichins v. Lyon
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.
Reference
- Full Case Name
- Cornelia R. Hichins v. Isaac R. Lyon
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Judgment in attachment—when limited to the amount claimed in theafft- . davit. 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. 2. Same—should not exceed the ad damnum. Nor should the judgment exceed the ad damnum of the plaintiff’s declaration. 3. Return of not fmmd unnecessary. Since the act of February 12, 1857, it is not necessary that a return of non est inventus should be’made in a suit by attachment to authorize the rendition of a judgment.