Clymore v. Williams

Citations

• 77 Ill. 618

Syllabus

<p>1. Attachment—when general execution improper. In an action, aided by an attachment, where there is no personal service on the defendant, and no appearance, it is erroneous to award a general execution against the property of the defendant.</p> <p>3. Same—special execution against property not levied on. If the levy pf an. attachment upon land or other property is not signed by the proper officer, it will amount to no levy, and it will lie erroneous to award a special execution for its sale.</p> <p>3. Samis—'jurisdiction. It is indispensable, to give the court jurisdiction in a suit by attachment, where there is no personal service, or appearance by the defendant, that it should appear the writ was either levied upon property of defendant, or served upon garnishees having effects, dioses in action or credits in their possession or power, belonging to the defendant.</p> <p>4. Where the levy, under an attachment upon property, is not signed by the officer, and no proceedings are had against the'garnishees served, so as to show whether they were indebted to the defendant, or had in their possession any effects belonging to him, there will be nothing shown to give the court jurisdiction.</p>