Butterfield v. Johnson
Citations
- 46 Ill. 68
Syllabus
<p>1. Writs—sheriff’s return. In a bill in chancery filed against several defendants, one of whom was named Butterfield, the Christian name of Butterfield was spelled therein as “Sylvius,,’ and “Sylvanus,” and the summons was against “Sylvanus H. Butterfield,” and was returned by the sheriff as served on “S. H. ButterfieldHeld, that it must be presumed that the writ was served on “Sylvanus,” as the defendant named therein, and not on “Sylvius.” A sheriff can only know who the defendants are, save by his writ, and the meaning of his return thereon, must be judged by an inspection of the writ as it stood in his hands.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding a “proceeding in the nature of a creditors’ bill to set aside and cancel a fraudulent conveyance . . . belongs exclusively to the procedure and jurisdiction of chancery”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lawrence
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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