A Treatise on Contracts, Torts, Damages, Evidence, and Practice and Procedure in Civil Cases in Justice and Other Courts, and on the Powers and Duties of Justices of the Peace and Constables, in the State of Illinois Volume 2

A Treatise on Contracts, Torts, Damages, Evidence, and Practice and Procedure in Civil Cases in Justice and Other Courts, and on the Powers and Duties of Justices of the Peace and Constables, in the State of Illinois Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ... against the body of the defendant, unless a. jury has been waived "in writing, for the non payment of a fine or judgment in any civil, criminal, quastl criminal or q-ml tam action, except for fines for contempt of court, ' but may be issued, under section 4 of article 11," for re 1 Laws 1895, 219, art. 15, 3; 2 Starr &'C. Stat, 2458, ch. 79, art. 15, 148. '1Martiu v. Walker, 15 Ill., 378. "Laws 1895, 214, art. 11, 3; 2 Starr & C. Stat-., '-2450, ch. 79, art. 11, 120; Cotton v. Sharpstein, 14 Wis., 226. An action for a violation of an ordinance is an action in tort. Brown v. Jerome, 102 Ill., 371. A provision in the charter ofa town giving a police magistrate power in certain contingencies to issue process against the body of an offender for the satisfaction of the judgment against him for a violation of an ordinance is not in violation of any constitutional provision and is valid. Id. iusal of debtor to surrender his estate, though a jury has not been waived in writing.' Whether the allegations in the affidavit upon which the execution is issued are true is a matter upon which the defendant is entitled to a hearing and a jury trial. The imprisonment cannot be continued except under the verdict of a jury.' The word "jury," as used in section 12 of article 18 of the statute, does not necessarily mean a jury of twelve 'men, but has been construed to mean such a jury as is authorized by section 13 of article 5 of the same act." 1372. Form of an Aflldavit to Obtain an Execution against the Body.' A. B., being duly sworn, says that on the-----day of----, A. D. 18--, this deponent recovered a judgment before L. M., Esq.. a justice of the peace in...show more

Product details

  • Paperback | 374 pages
  • 189 x 246 x 20mm | 667g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123698563X
  • 9781236985637