Doty v. Colton

Citations

• 90 Ill. 453

Syllabus

<p>1. Capias ad satisfaciendum—affidavit. An affidavit for a capias ad satis.faciendum upon a judgment, which sets forth, in detail, such facts as show the defendants had property liable to execution in favor of the plaintiff, and fraudulently concealed and withheld the same after demand, is sufficient to authorize the issuing of the writ.</p> <p>2. Amendment—of affidavit for ca. sa. The circuit court, in its discretion, may permit the amendment of an affidavit for a capias ad satisfaciendum as to matters of form. A mistake as to the date in the jurat, and a failure of the notary administering the oath to affix his seal, may be corrected under leave of the court, by stating the true date and attaching the officer’s seal.</p> <p>3. The statute allowing amendments in judicial proceedings is liberal, and was, no doubt, intended to embrace everything of a merely formal character that will promote the ends of justice.</p>