Matson v. Swanson

Citations

• 131 Ill. 255
• 23 N.E. 595

Syllabus

<p>■ 1. Pbactioe—defeat in declaration—how availed of. Where that attempted to be stated in a declaration is not a cause of action, advantage of the defect may be taken by motion in arrest of judgment; but where the cause of action is defectively stated, such motion will not avail. In the latter case, objection must be taken by demurrer.</p> <p>2. Same—remandment, on reversal—to permit amendment of declaration. Where the Ajipellate Court reverses a judgment of a trial court on the ground the declaration fails to state a cause of action, or is otherwise defective, it should remand the cause, so that the declaration may be amended, and a trial de novo had upon the amended declaration.</p> <p>3. Habeas cobpus—power and duty of the courts and judges to award the writ. The Habeas Corpus act makes it the duty of circuit courts, and the judges thereof in vacation, upon proper petition, to issue writs of habeas corpus, and allows them, thereupon, to discharge from the custody of sheriffs, prisoners held by virtue of process from courts legally constituted, in certain enumerated classes of cases.</p> <p>4. Same—precedence given to the writ. The authority of all other writs must yield to the authority of the writ of habeas corpus. Therefore, from the moment the sheriff receives such writ, the custody of the petitioner will be by virtue thereof, and not under any other writs he may have previously received.</p> <p>5. Same—admitting to bail—validity of the bond. As a circuit judge is authorized by law to issue writs of habeas corpus and admit to bail, it follows, that a bond given by one under the order and direction of the judge, after the issue of his writ, for the appearance of the petitioner, and his abiding the -order of the court, is not void, however erroneous it may have been to direct the taking of the same.</p> <p>6. Same—continuance. Under the statute, a case on habeas corpus not disposed of, will stand continued from term to term, without any formal orders of court.