Johnson v. Chicago & Pacific Elevator Co.

Citations

• 105 Ill. 462
• 1882 Ill. LEXIS 253

Syllabus

<p>1. Special legislation—requiring affidavit of merits in cases of attachment of water craft. Section 19, chapter 12, of the Revised Statutes, entitled “Attachment of Water Graft,” which requires an affidavit of merits to be filed with the defendant’s or claimant’s exception, demurrer or answer to the petition, and authorizes a default if the same is not so filed, is not in violation of section 22, article 4, of the State constitution, prohibiting special legislation.</p> <p>2. Same—;judgment in attachment proceeding, against principal and surety in bond given for return of property. Where water craft seized under attachment has been bonded, as provided in section 15 of the act, if, upon the trial, judgment shall pass for the petitioner, and the water craft has been discharged, “said judgment or decree shall be rendered against the principal and sureties in the bond.” It is held, this provision of the statute for judgment against the principal and sureties is not open to the objection of being special legislation. It is the general law as to all bonds of that kind.</p> <p>3. Practice—leave to file affidavit of merits with pleading nunc pro tunc. Where a defendant in an' attachment of a steam tug-boat files a demurrer to the petition within the time required by statute, but without any affidavit of a meritorious defence, and no sufficient reason is shown for not so filing the affidavit, there will be no error in refusing to allow it to be filed nunc pro tunc, and entering a default in the case.</p> <p>4. Attachment bond—to item objection rendered immaterial. An attachment bond given in an attachment of a boat, was conditioned to pay a person named such costs and damages as should b.e awarded for wrongfully suing out the writ, instead of to pay the owner or other person interested in the vessel, as the statute requires; but the boat was bonded and released on the same day it was attached, so that no material damage was caused by the attachment: Held, that the defect