Hichins v. Lyon

Citations

• 35 Ill. 150

Syllabus

<p>1. Judgment in attachment—when limited to the amount claimed in theafft- . davit. A judgment should not be rendered in an attachment suit for a greater sum than is claimed by the affidavit, where there is no appearance by the defendant, or personal service of the writ.</p> <p>2. Same—should not exceed the ad damnum. Nor should the judgment exceed the ad damnum of the plaintiff’s declaration.</p> <p>3. Return of not fmmd unnecessary. Since the act of February 12, 1857, it is not necessary that a return of non est inventus should be’made in a suit by attachment to authorize the rendition of a judgment.</p>