#### Norman Johnson, Defendant in Error, v. Susan Dellas and Anton J. Cermak, Bailiff, Plaintiffs in Error.

Gen. No. 22,114.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Hugh J. Kearns, Judge, presiding. Heard in this court at the March term, 1916.

Reversed with directions.

Opinion filed June 19, 1916.

Statement of the Case.

Action by Norman Johnson, plaintiff, against Susan Dellas and Anton J. Cermak, bailiff of the Municipal Court of Chicago, defendants, to try the right to property taken under execution. From a judgment for plaintiff, defendants bring error.

*577Abstract of the Decision.

1. Execution, § 84 * —when statute requiring service of copy of writ of execution upon debtor complied with. The purpose of Hurd’s Rev. St. ch. 52, sec. 14 (J. & A. If 5584), providing that a copy of a writ of. execution shall be served upon the debtor in the same manner as summonses are served in chancery, is to give the debtor an opportunity to make a schedule and claim exemption within ten days, and the purpose of the statute is met when the debtor in fact sends his schedule to the bailiff in due time, although service is made upon the wife of the debtor.

2. Exemptions, § 28*—when unsworn schedule insufficient. An unsworn schedule of property claimed to be exempt is insufficient and not in compliance with Hurd’s Rev. St. ch. 52, sec. 14 (J. & A. If 5584).

Peden, Kahn & Murphy, for plaintiffs in error; Harry Kahn, of counsel.

No appearance for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same tonic and section number.

Mr. Justice Holdom

delivered the opinion of the court.