Johnson v. Holloway

Citations

• 82 Ill. 334

Syllabus

<p>1. Practice—objection to transcript of justice of the peace should specify grounds. Where a general objection is made to the introduction of a transcript from a justice’s docket in evidence in the circuit court, without any specific ground of objection being pointed out, the objection will be treated as going to the form and pertinency of the transcript, only, and it can not be urged for the first time in the Supreme Court that there is no copy of the summons or return in the transcript.</p> <p>2. Execution—alias by justice of the peace before twenty days after judgment. Where an affidavit is filed by a plaintiff, and ah execution issued thereon by a justice of the peace inside of twenty days after the date of the judgment, and the execution is returned inside of the twenty days, the same affidavit will he sufficient to authorize the issuing of an alias execution.</p> <p>3. Evidence—to justify levy upon property. As a general rule, a sheriff or constable has only to produce a fi.fa., regular on its face, to justify his levy upon and seizure of property; but when he levies on property claimed by some one else than the defendant in execution, and he denies the ownership, and the officer claims the sale by the debtor was fraudulent as to creditors, he must go farther, and show the execution was issued on a judgment.</p> <p>4. Fraudulent sale—possession. Where a debtor sells personal property by verbal contract, and retains the possession, such sale is fraudulent per se, as to creditors of the vendor.</p>