Hay v. Hayes

Citations

• 56 Ill. 342

Syllabus

<p>1. Bill OF exceptions—when necessary. An assignment of error on the ruling of the court below, on a motion not preserved in the bill of exceptions, made to strike certain pleas from the files, will not be considered by this court. Motions of that character, and the decision of the court thereon, can become a part of the record only by a bill of exceptions.</p> <p>2. Execution — on judgment before a justice —within what time to issue. Where execution is not issued on a judgment recovered before ¡a justice of the peace, within a year from its rendition, though afterward one is issued, and returned nulla bona and a transcript then filed in the circuit court, an execution issued upon such transcript is a nullity. The only remedy in such case is a suit upon the judgment.</p> <p>8. So in an action of replevin to recover goods levied on under execution, it is no justification of the officer that the seizure was made by virtue of an execution issued from the circuit court under such circumstances.</p> <p>4. Mabbied women — of their separate property. Previous to the law of 1869, the earnings of a married woman belonged to her husband, and the fact that she received sewing machines for earnings,' and bartered them for horses, would not change the character of the transaction so as to render the latter the separate property of the wife.</p>