{
  "id": 5167630,
  "name": "Carl Dernburg et al. v. William E. Tefft et al.",
  "name_abbreviation": "Dernburg v. Tefft",
  "decision_date": "1896-03-03",
  "docket_number": "",
  "first_page": "33",
  "last_page": "35",
  "citations": [
    {
      "type": "official",
      "cite": "63 Ill. App. 33"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "152 Ill. 42",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        835351
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/152/0042-01"
      ]
    },
    {
      "cite": "61 Ill. App. 237",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 209,
    "char_count": 3189,
    "ocr_confidence": 0.539,
    "pagerank": {
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      "percentile": 0.15594403380274294
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    "sha256": "33c2fb230695c74cdf84d25e6d166d49d3ae5e463fadeb3a62b6c06a314e6e57",
    "simhash": "1:91e6518941dcf2bb",
    "word_count": 543
  },
  "last_updated": "2023-07-14T18:54:49.987215+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Carl Dernburg et al. v. William E. Tefft et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Waterman\ndelivebed the opinion op the Coubt.\nIt appears that the writ issued upon the attachment in aid was served upon each of the appellants July 11, 1895, tAventy-five days before the August term, to which said writ Avas returnable.\nThe personal service upon appellants of the writ issued upon the attachment in aid, gave the court jurisdiction to render against them a personal judgment.\nThe statute, Sec. 34 of Chap. 11, R. S., after providing for attachments in aid and the issue of Avrits thereon, declares that, \u201c Avhen the defendant has been served with the writ, or appears to the action, the judgment shall have the same force and effect as in suits commenced by summons, and execution may issue thereon, not only against the property attached, but the other property of the defendant.\u201d\n\u201c The writ \u201d mentioned is any writ issued in the attachment proceeding; manifestly, it can not mean the writ issued in a suit begun by summons, because the language is that the writ \u201c shall have the same force and effect as in suits commenced by summons.\u201d\nThe court was authorized by the service had July 11th, to render judgment August 9th. As to the appearance of the defendants August 7th, counsel say such appearance did not authorize, at the August term, a judgment against the parties appearing. As to which, see Crandall v. Birge, 61 Ill. App. 237.\nIn Baldwin v. McClelland, 152 Ill. 42, in an attachment proceeding, no personal service having been had, on an appearance at the September term, a personal judgment rendered at such term was sustained.\nThe judgment of the Superior Court is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Waterman"
      }
    ],
    "attorneys": [
      "Moses, Pam & Kennedy, attorneys for appellants.",
      "Newman, Northrup & Levinson, attorneys for appellees."
    ],
    "corrections": "",
    "head_matter": "Carl Dernburg et al. v. William E. Tefft et al.\n1. Attachment\u2014Personal Judgment on Service of the Writ. \u2014Personal service upon the defendants of a writ of attachment issued in aid of a pending suit, gives the court jurisdiction to render a personal judgment against them.\nAssumpsit.\u2014Attachment in aid. Appeal from the Superior Court of Cook County; the. Hon. James Goggin, Judge, presiding. Heard in this court at the October term, 1895.\nAffirmed.\nOpinion filed March 3, 1896.\nStatement of the Case.\nThis appeal presents for review a personal judgment rendered by the Superior Court against appellants for the sum of $2S1.52 and costs of suit, based upon the service upon all the defendants of an attachment writ in aid, issued on July 9, 1895, the original suit having been commenced July 8, 1895.\nThe original summons, issued July 8, 1895, was returnable to the August term, 1895, but was not served on the defendants; this writ was returned into court August 9, 1895.\nOn August 7, 1895, which was the third day of the August term, the appellants, Dernburg, G-lick & Horner, filed a plea in abatement of the attachment Avrit.\nThe court, on August 9, 1895, proceeded to judgment. The record reads, \u201c and it appearing to the court that due personal service of process of summons issued in said cause has been had on the defendants for at least ten days before the first day of this term, and they being now here three times solemnly called in open court, come not,\u201d etc.\nMoses, Pam & Kennedy, attorneys for appellants.\nNewman, Northrup & Levinson, attorneys for appellees."
  },
  "file_name": "0033-01",
  "first_page_order": 29,
  "last_page_order": 31
}