Reaugh v. McConnel

Citations

• 36 Ill. 373

Syllabus

<p>1. Notice of attachment — one sufficient. Notice of the pendency of an attachment suit once made by publication, renders another notice by publication unnecessary on the remand of the cause from this court, for another trial. The defendant prosecuting a writ of error to this court, and succeeding here, is in court -to which the cause is remanded.</p> <p>2. Variance in name—error to dismiss far. It is error to dismiss a suit by attachment for a supposed variance between the name by which the party is sued, and the name in the notice by publication.</p> <p>3. The proper course is to plead in abatement.</p>