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Dyer v. Flint

January 1, 1859

ISAAC DYER, PLAINTIFF IN ERROR,
v.
RICHARD F. FLINT, DEFENDANT IN ERROR



SYLLABUS BY THE COURT

Where an affidavit for a writ of attachment purports, on its face, to have been made in Logan county, and the jurat is signed A. B., Notary Public, if the suit is brought in Logan county, it will be intended that A. B. is a Notary for that county.

The Circuit Court will take judicial notice of the civil officers of the county in which it holds its sittings.

Where an affidavit for a writ of attachment is made in the county in which the suit is brought, and before a notary public, it need not be authenticated under his notarial seal.

Where the fac simile of a notary public's seal is represented on the sheet attached to the record by the clerk, it will not be judicially examined by the Supreme Court. Such sheet is no part of the record.

An affidavit for a writ of attachment must allege positively and unequivocally the requirements of the statute. It is not sufficient for such allegations to be made on the information and belief of the attaching creditor or his agent.

THIS was an action of assumpsit, commenced against the defendant below, a non-resident, by writ of attachment, returnable at the September term, A. D. 1857, of the Circuit Court of Logan county.

The affidavit is as follows:

"STATE OF ILLINOIS, ss. LOGAN COUNTY.

CIRCUIT COURT OF LOGAN COUNTY,

September Term, A. D. 1857.

Thompson J. S. Flint, of Chicago, in the county of Cook, State of Illinois, being first duly sworn, on oath says that he is the agent of Richard F. Flint, of Green Bay, Wisconsin. That he is informed, and verily believes, that Isaac Dyer, of East Baldwin, in the State of Maine, is justly indebted to said Richard F. Flint in the sum of about nineteen hundred and twenty-five dollars, for money received by said Dyer, from sales of land made by said Dyer, belonging to him and said Richard F. Flint, and by said Dyer retained from said Flint. I further say that said Dyer is not a resident of the State of Illinois, and pray that a writ of attachment in due form of law, may issue against the estate of said Dyer which may be found in said county of logan, and further I say not.

THOMPSON J. S. FLINT."

Subscribed and sworn to ...


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