Forsyth v. Warren

Citations

• 62 Ill. 68

Syllabus

<p>1. Attachment—publication of notice—of the computation of the sixty day's time required by the statute. In the computation of time under the section of the attachment act, requiring that sixty days shall intervene the first publication of notice and the term of court, the rule is to exclude the day on which the notice is first inserted in the newspaper, and include the day on which the term commences.</p> <p>2. Same—notice of publication—whether defective. In an attachment suit, - the notice of publication recited a date to the writ subsequent to the return term. Such mistaken and unnecessary date, the notice without regard to the same being otherwise in full compliance with the statute, was not regarded as a fatal defect in the notice.</p> <p>3. Judgment in attachment—when limi'ed to the amount claimed in the affidavit. It is a .fatal error for the plaintiff in an attachment in which there is no other jurisdiction obtained in the o' se except by levying the attachment and publishing the notice, to take judgment for more than the sum claimed in the affidavit and notice, with the subsequently accruing interest.</p> <p>4. Same—waiver of such error. Nor does the defendant waive such error by coming into court after judgment, though at the same term, and praying an appeal.</p>