In re Ennor

Citations

• 105 Ill. 105
• 1882 Ill. LEXIS 242

Syllabus

<p>1. Appeal—what involved—judgment refusing to discharge debtor from, imprisonment. Where one imprisoned for debt upon a charge of fraudulently disposing of his property, and also for unjustly refusing to surrender his property, had a trial of these questions before a jury in the county court, resulting in a verdict of not guilty of fraud, but guilty of the other ground of imprisonment, upon which the county court remanded him back to the custody of the sheriff, and he appealed from- the order remanding him, it was held, that on the trial of the appeal the question of fraud was -not before the circuit court for investigation, but only the question of the refusal of the debtor to surrender his property, and that it was error to admit evidence as to the question of fraud, that not being involved, and having been settled by the verdict in the debtor’s favor.</p> <p>2. Imprisonment fob debt—proper judgment when debtor is found not guilty on one charge and guilty of another. On the trial of the issues in the county court whether a debtor was guilty of fraudulently disposing of his property, and was also guilty of unjustly refusing to surrender his property in satisfaction of the judgment against him, the jury found the first issue for him, and the second against him: Held, that the court might properly have entered two judgments, one discharging the debtor from the first-alleged cause of imprisonment, and remanding him on the second, which thereafter, in case of no appeal by the creditor, would constitute the sole ground of his detention. But a simple judgment remanding the debtor to the custody of the officer will have the same effect-, and an appeal by the debtor from such order brings up for retrial only the cause of imprisonment for which he was remanded, and the verdict of not guilty as to the charge of . fraud, unappealed from by the creditor, is conclusive on that charge, and it can not be again tried on the debtor’s appeal.</p>