Neff v. Alvin, 182 Ill. App. 41 (1913)

Oct. 9, 1913 · Illinois Appellate Court · Gen. No. 17,637
182 Ill. App. 41

George R. Neff, Defendant in Error, v. Forrest J. Alvin, Plaintiff in Error.

Gen. No. 17,637.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Aetetob W. Deselm, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Affirmed.

Opinion filed October 9, 1913.

*42Abstract of the Decision.

1. Attachment, § 230 * —when defects in process, waived by general appearance. Defendant In attachment by coming in to court and filing a motion that plaintiff be ordered to file statement of claim, waives all objections to process by publication.

2. Attachment, § 93*—presumption, when no jurat to affidavit. After attachment writ has issued, it will be presumed that affidavit was in fact sworn to, though not so certified by a jurat.

3. Appeal and eebob, § 390*—when objections for irregularities in attachment, not preserved. Defects in attachment affidavit, attachment writ, and attachment bond held mere irregularities, for which objections come too late when first made in Appellate Court.

Statement of the Case.

Action "by George R. Neff against Forrest J. Alvin in attachment upon a claim for attorney’s fees. From a judgment sustaining the attachment and awarding plaintiff seventy-five dollars, defendant brings error.

Ernest Saunders and Frank A. Ramacitti, for plaintiff in error.

No appearance for defendant in error.

Mr. Justice Fitch

delivered the opinion of the court.