{
  "id": 5369722,
  "name": "Elsie Nelson, Defendant in Error, v. Ephraim Swanson, Plaintiff in Error",
  "name_abbreviation": "Nelson v. Swanson",
  "decision_date": "1914-05-19",
  "docket_number": "Gen. No. 19,320",
  "first_page": "632",
  "last_page": "633",
  "citations": [
    {
      "type": "official",
      "cite": "186 Ill. App. 632"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.546,
    "pagerank": {
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    "sha256": "ecf5fac18faa44b968863e569a02ed5062c02a841909d3b2165eb501f86a8e61",
    "simhash": "1:d6774211f205b0e8",
    "word_count": 388
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  "last_updated": "2023-07-14T19:18:25.002075+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Elsie Nelson, Defendant in Error, v. Ephraim Swanson, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Smith\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Smith"
      }
    ],
    "attorneys": [
      "Samuel J. Richman, for plaintiff in error.",
      "Eugene Stewart and William Reeda, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Elsie Nelson, Defendant in Error, v. Ephraim Swanson, Plaintiff in Error.\nGen. No. 19,320.\n(Not to be reported in full.)\nError to the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1913.\nAffirmed.\nOpinion filed May 19, 1914.\nStatement of the Case.\nProceeding by Ephraim Swanson for a discharge from arrest under a cop\u00e1is ad satisfaciendum issued on a judgment in favor of Elsie Nelson after the return of a writ of fieri facias, nulla bona.\nIt was urged as ground for a discharge that the affidavit was defective and fatal because an unreasonable length of time intervened between the time the affidavit was sworn to and tlie day it was filed in court.\nTo reverse an order of the Superior Court denying a motion to quash the capias, the petitioner brings error.\nSamuel J. Richman, for plaintiff in error.\nEugene Stewart and William Reeda, for defendant in error.\nAbstract of the Decision.\n1. Execution, \u00a7 286 \u2014when a writ of ca. sa. will issue without an affidavit. A capias ad satisfaciendum may be ordered against the body of the judgment debtor upon the mere motion of the judgment creditor based on the record without any affidavit, where the record shows that the judgment was entered in a case where malice was the gist of the action.\n2. Execution, \u00a7 286 \u2014when insufficiency and time of filing affidavit for a ca. sa. immaterial. Whether an affidavit for a capias ad satisfaciendum was filed within a reasonable time after it was sworn to or whether it was sufficient to justify the issuance of the capias is wholly immaterial, where the record shows that the judgment was entered in a case wherein malice was the gist of the action, and the judgment creditor files a motion for a capias based on the record.\n3. Execution, \u00a7 278 \u2014when capias ad satisfaciendum may issue. The filing of a creditor\u2019s bill by the judgment creditor does not cut off his right to resort to the remedy provided by statute for the enforcement of the judgment by capias, where the judgment is unsatisfied.\nSee Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0632-01",
  "first_page_order": 678,
  "last_page_order": 679
}