Jaycox v. Wing

Citations

• 66 Ill. 182

Syllabus

<p>1. Abatement—Trwrdm of proof on plea to attachment. The burden of proof rests upon, the plaintiff to establish the ground of attachment stated in his affidavit when the same is put in issue by plea in abatement.</p> <p>2. Same—sufficiency of proof. Where the ground of an attachment against a husband and wife was that they were about to depart from the State, with the intention of removing their goods, etc., which was put in issue by plea in abatement, the only proof offered by the plaintiff to support the issue were the casual declarations of the wife in the absence of the husband, to the effect that she thought she should move west, but did not know when: Held, that, even could the husband be affected by these declarations, they were wholly insufficient to warrant a verdict in favor of the plaintiff.</p> <p>3. Htjsbakd aot wife—whether husband is liable jointly with his wife on her contract. Where, since the passage of the acts of 1861 and 1869, relating to married women, a wife, who was carrying on a separate business from her husband with her own separate property, rented a room in which to prosecute her business, the husband not participating in the matter: Held, that the husband was clearly not jointly liable with the wife for the rent of the room, and consequently her declarations were not admissible against him on the trial of an issue on a plea in abatement traversing the ground stated for an attachment against the husband and wife.</p>