Mitchell v. Shook

Citations

• 72 Ill. 492

Syllabus

<p>1. Abuse of process—nonresident creditor attaching property of his debtor who is also a non-resident. A creditor who only takes such steps for the collection of a bona fide debt as itself permits, however zealous and vigorous in so doing, can not be guilty of an abuse of process or of obtaining the jurisdiction of the court for a fraudulent and improper purpose.</p> <p>2. A resident of the State of Indiana commenced an attachment suit before a justice of the peace in this State, against another resident of Indiana, who was temporarily in this State, with property which, by the law of Indiana, was exempt from attachment. The attachment writ was levied on that property. It appeared that both plaintiff and defendant lived in the same county in Indiana, and that the defendant could have been easily found in the county and State where both parties resided. It further appeared that the debt sued for was a just debt, and past due: Held, that there was nothing in these facts to justify a finding that the plaintiff was guilty of any abuse of process, or that he had sought the jurisdiction of the courts of this State for a fraudulent purpose.</p>