Bliss v. Heasty

Citations

• 61 Ill. 338

Syllabus

<p>1. Judgment—in attachment—its effect. A judgment in attachment without service or appearance will protect strangers to the record in rights acquired by purchase of the propert)' under it. But the plaintiff and the sureties on his bond are liable to the defendant for all damage he sustains by the wrongful suing out of the writ, and this, too, whether or not the •suit progresses to a judgment.</p> <p>2. Where a judgment in rem is recovered in a proceeding by attachment, there being no personal service or appearance, and the property levied on is insufficient to pay it, the plaintiff, to recover the bajance, must sue on the original'indebtedness; and in such a suit the defendant may set up any defense he could had the attachment proceeding never been instituted. In such a case, the defendant is not concluded by the judgment in attachment, and it can only be pleaded in bar to the extent of the satisfaction had under it.</p> <p>3. Where there is service or appearance by the defendant, then the case would probably be entirely different.</p>