Reports of Cases At Law And in Equity Argued And Determined in the Supreme Court of Illinois 36 (April And November Terms, 1864, And January Term, 1865)
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Nelson, for plaintiff in error. Geo. TF*. Wall, for defendants in error. *Beeese, J. The bill filed in this cause contains no [230*] matter for the interposition of a court of equity. The ' act of the officer in levying on property exempt by law can be reached by an action at law, and full damages recovered. It affords no ground for a court of equity to interfere, except perhaps under extraordinary circumstances, which are not shown in this case. An order of the judge of the circuit court in wh...ich the proceedings arose *mig]it [231*] have been obtained to stay the proceedings until a motion could be heard to set aside the levy.^ Full and ample remedy existed at law for all the injury of which complaint is made. Rohinson v. Chesseldine, 4 Scam., 332. Such an ap- plication, specifying the property, giving an abstract of the title, with its value, and incumbrances, if any, upon it, would have authorized the judge to stay the proceedings against the personal property until the real estate should be exhausted.
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