Reports of Cases At Law And in Chancery Argued And Determined ..., Volumes 2-3
Reports of Cases At Law And in Chancery Argued And Determined ..., Volumes 2-3
Illinois. Supreme Court
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The general breach at the conclusion of the declaration is sufficient. 1 Chit. Plead. 290 ; 1 Wilson 33 ; 3 Maule & Selw. J 50. The same count does not charge both the insolvency of the makers, and the fact that 110 dollars were made from them, but if it did, there would be no inconsistency, since a man can easily be supposed to have only 110 dollars, and be insolvent, that being paid over. 6. A sheriff is a sworn officer. It is to be presumed if a defendant has property in his county, that the... sheriff would ascertain the fact ; since by law he is obliged to make diligent search for the property of the defendant in the execution ; and his return would therefore be evidence that the defendant had no property in the county, and prima facie evidence none in the State. The assignee is only bound tb follow the maker as specified by the statute. The first, second, and third counts each showed that this had been done in this case. 7. The allegation in the third count charges insolvency affirmative- ly, and nearly in the words of the statute.
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