Sharpe v. W. J. Morgan & Co.

Citations

• 144 Ill. 382
• 33 N.E. 22

Syllabus

<p>1. Attachment — recognizance by defendant—its purpose and effect. The purpose and effect of giving a recognizance by the defendant in attachment, as provided in section 15 of the Attachment act, is to enable the defendant to obtain control of the property attached or in the hands of garnishees, upon giving security for the payment of the judgment to be recovered in the attachment suit. Upon giving the bond or recognizance, the case proceeds in personam and the judgment entered is a personal judgment, the recognizance standing as security for its payment.</p> <p>2. Same — liability of surety therein—judgment against administrator. The surety in a recognizance given to release the property attached, or to release the garnishee from liability, becomes liable to pay the judgment that may be recovered against the administrator of the defendant in the action on final trial thereof. In such case the judgment against the personal representative of the sole defendant in the same proceeding is a judgment against such defendant within the meaning of the statute.</p> <p>3. Same — not abated by death of defendant. By section 11 of the Abatement act the death of the sole defendant does not abate the action in cases where the cause of action survives, but, upon suggestion of the death, summons may issue against his administrator and the cause will then proceed as if the same had been originally commenced against him.</p>