Hobson v. McCambridge

Citations

• 130 Ill. 367
• 22 N.E. 823

Syllabus

<p>1. Judgment—in case of nominal and beneficial plaintiffs. In a suit before a justice of the peace in the name of one for the use of another, it is irregular and erroneous to enter judgment in favor of the beneficial plaintiff alone, and if so entered, it will operate as a discontinuance of the suit as to the nominal plaintiff, and the judgmént will be treated as in favor of the beneficial plaintiff alone.</p> <p>2. Transcript from justice—requisites. In order to authorize the filing of a transcript of a judgment of a justice of the peace in the circuit court, so as to have an execution issued out of that court, the transcript must show on its face the issue of an execution by the justice in favor of the plaintiff in the judgment, and its due return nulla bona by the proper officer. Without such issue and return the transcript, and subsequent proceedings thereunder, will be void.</p> <p>3. Execution—must follow the judgment. An execution must follow the judgment in every essential particular. It must be in favor of the plaintiff in the judgment. It should show for and against whom it issues, the amount to be collected of the latter in favor of the former, and also the date at which, and the court wherein, the judgment is rendered. No execution can be proper in form unless in these particulars it exactly pursues the judgment.</p> <p>4. Same—notice to defendant before levy. It is the duty of an officer holding an execution, to notify the defendantthereof before proceeding to levy the same, when that is practicable.</p> <p>5. Judicial sale—grounds for setting aside. While inadequacy of price may not be sufficient, of itself, to set aside a sale of land on execution or judicial sale, yet where there are circumstances of irregularity or fraud, or that show that unfair advantage was sought by the purchaser or the person benefited by the sale, the inadequacy of the price may always be taken into consideration, and may become conclusive evidence of fraud.</p> <p>6. The ho