Hickey v. Forristal

Citations

• 49 Ill. 255

Syllabus

<p>1. Writs—when directed to a constable—and executed by a city marshal. Under a capias ad respondendum, issued by a justice of the peace of LaSalle county, and addressed, “ to any constable of said city,” one P was arrested by K, as city marshal of La Salle. H entered himself as special bail, and afterwards, judgment was rendered against P, and execution issued thereon against H, as provided by statute ; whereupon, he filed a bill in chancery to enjoin the levy of the execution, on the ground that, under the writ, the marshal had no authority to malee the arrest: Held, that H was entitled to the relief sought. The writ being addressed only to a constable, no authority was conferred upon the marshal to execute it, and all his acts under it were void.</p> <p>2. Chancery practice—that a party has a remedy at law—objection—can not be made for the first time in this court. The objection, that a complainant has a complete remedy at law, comes too late, when made for the first time in this court.</p>