Von Kettler v. Johnson

Citations

• 57 Ill. 109

Syllabus

<p>1. Pleadings—demurrer. Where a plea justifies an imprisonment under an order of the county court, but the defendant admits that, as the attorney of a creditor of the estate, he procured the arrest and imprisonment, and attempts to set up in his plea the facts upon which the arrest and committal were made, the plea should show all the facts necessary to give the court jurisdiction, and such a compliance with the statute as justified the county court in issuing the attachment and ordering the committal.</p> <p>2. Jurisdiction—inferior courts. A party, who pleads as a defense the order of a court of limited jurisdiction, and professes to set up the facts» must state such facts as show the court to have had jurisdiction of the subject matter and of the person of the parties. Where a court has such jurisdiction, he nor those who advise or execute his process, can be held liable for a trespass, although the proceedings may be irregular and erroneous. But if the magistrate did not have such jurisdiction, then he and those who advise and act with him, or execute his process, are trespassers. The county court has jurisdiction over the general subject matter of the settlement of estates—it is given by the statutes—to attach and commit for the refusal of an administrator to obey an order to pay money to a creditor.</p> <p>3. Such a plea is defective, unless it shows that a writ of attachment was actually issued; a recital of an order for an attachment, is not sufficient. A party seeking to justify under a judicial writ, it should be set out in the plea in full, or by apt and proper description.</p> <p>4. Plea—setting up the statute to show authority to imprison. Where a plea attempts to show a compliance with the statute authorizing the imprisonment of an administrator for refusing to pay money to a creditor, when ordered, all the facts necessary to warrant the imprisonment should appear. To authorize the court to order the imprisonment of the administrator, it must first a