People ex rel. Robinson v. Hanchett

Citations

• 111 Ill. 90

Syllabus

<p>1. Insolvent debtor- — arrest on ca. sa. — refusal of county cowrt to discharge — how far conclusive. The judgment of the county court, on the application of a debtor to be discharged from imprisonment for debt, holding that the case was not one in which he was entitled to a discharge on schedule and assignment of his property, is final and conclusive upon all other courts until reversed or otherwise annulled.</p> <p>2. Same — retaining custody of debtor — return of writ, or its expiration. Where the sheriff arrests one under a ca. sa., it is his duty to retain the custody of the defendant until the judgment is satisfied, or the defendant is otherwise legally discharged, without reference to what becomes of the writ, or even whether it remains in force, or has expired by lapse of time. It is not necessary to renew the writ to make the continued imprisonment legal.</p> <p>3. A writ of ca. sa., like other executions, is made returnable by law within ninety days after its date, yet the imprisonment of the debtor does not end with its return or expiration.</p> <p>4. Same — giving bond for appearance at a further day — waiver as to time of continuance. The provision in section 8 of the act relating to insolvents, that the county court, on an application for a discharge, may continue the hearing from time to time, “not exceeding thirty days,” being for the benefit of the debtor may be waived by him, and is waived by his consent, express or implied, to a continuance for a longer time; and such court will not thereby lose jurisdiction, and his bond for his appearance on the day set for hearing will not be rendered invalid.</p> <p>5. Same — enlargement of debtor on giving bond, whether an escape. Where an insolvent debtor is by the county court admitted to bail pending an application for a discharge, as authorized by the statute, his enlargement under his bond does not amount to an escape, voluntaiy or negligent, so as to prevent him from being again imprisoned for the sa