Craft v. Dickens

Illinois Supreme Court
Craft v. Dickens, 78 Ill. 131 (Ill. 1875)
Scott

Craft v. Dickens

Opinion of the Court

Mr. Chief Justice Scott

delivered the opinion of the Court:

This 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.

Whether 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.

The decree dismissing the bill will be affirmed.

Decree affirmed.

Reference

Full Case Name
John B. Craft v. Elijah S. Dickens
Cited By
5 cases
Status
Published
Syllabus
Mistake—correcting in attachment bond. A court of equity will not assume jurisdiction to reform an attachment bond for a mistake, as the party complaining had an ample remedy at law to have the same corrected in the court where the attachment was pending.