Bassett v. Bratton

Citations

• 86 Ill. 152

Syllabus

<p>1. Remedy—for injury under process. Trespass does not lie for an injury occasioned to a person by regular process of a court of competent jurisdiction. Tbe party procuring a writ for the arrest of another in such case is not liable as a trespasser, even though the court or officer granting the writ may have erred in judgment, the only remedy against him being an action on the case if he has acted maliciously.</p> <p>2. Where a writ of ne exeat was allowed by a master in chancery having general jurisdiction to grant such writs upon petition verified by affidavit, it was held, that the party procuring the issue of the writ could not be liable in trespass for an arrest and imprisonment under the writ merely because the facts on the hearing did not sustain the allegations in the petition, or even if the facts giving jurisdiction to order the writ were defectively stated, and that if such party was liable, it was in case for maliciously procuring the writ and the arrest, if such was the fact.</p> <p>3. Master nr chaecery—power to grant writ of ne exeat. The statute invests masters in chancery with authority, in the absence or inability of the judge to act, to order the issuing of writs of ne exeat, and provides that the writ shall not be granted except upon bill or petition filed, and afiidavit to the truth of the allegations therein contained.</p> <p>4. Ne exeat—sufficiency of petition to give jurisdiction. Erroneous judgment in respect to granting a writ of ne exeat, or insufficiency of statement in the petition, if there are statements upon the facts necessary to authorize the granting of the writ, will not go to the point of jurisdiction. Defective statement of the facts will not deprive the master in chancery of jurisdiction.</p> <p>5. Same—petition being amendable is not void. A petition for a writ of ne exeat being amendable, an omission in the same of a material allegation will not render it and the writ void, the rule being that a void thing is not amendable.