Thomas v. Hinsdale

Citations

• 78 Ill. 259

Syllabus

<p>1. Remedy—-for wrongfully suing out attachment. A defendant in attachment who has been wrongfully complained against, may defend the attachment, may sue on the attachment bond, or bring trespass.</p> <p>2. Waiveb ob trespass—iy appearance. Where a writ of attachment is wrongfully issued and served, the defendant does not, by appearing before the justice who issued it, and applying for and obtaining a change of venue, waive the trespass.</p> <p>8. Trespass against an officer for wrongfully issuing attachment. If a justice of the peace issues an attachment when not authorized to do so, his ignorance as to the extent of his authority is no excuse.</p> <p>4. A party went before a justice of the peace, on Sunday, and made an affidavit, upon which the justice issued an attachment, and appointed another party to execute it, who took the writ, and, under it, seized and carried away the goods of the defendant in the attachment. The defendant appeared before the justice, and procured a change of venue to another justice, but did not defend the attachment suit any further, but brought an action of trespass against the plaintiff in the attachment suit, the justice who issued it, and the appointed constable who served it: Held, that they were all liable, and that the right to bring the action of trespass was not waived by appearing and taking the change of venue in the attachment suit.</p>