McFarland v. Claypool

Citations

• 128 Ill. 397
• 21 N.E. 587

Syllabus

<p>1. Plea in abatement—in attachment—requisites of the plea. An affidavit for an attachment set out as grounds therefor, that the defendant “conceals himself or stands in defiance of an officer, so that process can not be served upon him, and has, within two years last past, fraudulently conveyed or assigned his effects, or a part thereof, so as to hinder and delay his creditors, and has, within two years last past, fraudulently concealed or disposed of his property so as to hinder and delay his creditors, and is about fraudulently to conceal, assign or otherwise dispose of his property or effects, so as to hinder or delay his creditors.” The defendant pleaded in abatement “that he did not conceal himself and did not stand in defiance of an officer, so that process could not be served upon him; that he has not, within two years last past, fraudulently conveyed or assigned his effects, or a part thereof, so as to hinder and delay his creditors; has not, within two years last past, fraudulently concealed or disposed of his property so as to hinder and delay his creditors, and was not about fraudulently to conceal, assign or otherwise dispose of his property or effects so as to hinder and delay his creditors:” Held, on demurrer to the plea, that it was bad, in failing to deny that the debtor had, within two years before the commencement of the suit, fraudulently disposed of his property.</p> <p>2. Exception—when necessary to be taken. On application of a defendant for leave to file an amended plea in abatement to a writ of attachment, the court remarked that no action would be taken granting leave until affidavit was filed, showing, etc. No exception was taken : Held,, that if the remark of the court was to be taken as a denial of the motion, the ruling could not be assigned for error, for want of an exception.</p> <p>3. Practice—asking leave to file an amended pleading. A party who desires to file an amended pleading should prepare it, and submit it to the inspection