Eisen v. Zimmer
| Decision Date | 18 April 1912 |
| Citation | 254 Ill. 43,98 N.E. 285 |
| Parties | EISEN v. ZIMMER. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Original proceeding by Max Eisen for mandamus to Michael Zimmer. Writ denied.
Joseph Kohn, for petitioner.
John Stelk, for respondent.
This was an original petition, filed in this court by Max Eisen against Michael Zimmer, sheriff of Cook county, praying for a writ of mandamus to compel said Michael Zimmer, as sheriff, to apprehend Jacob Rubenfeld and confine him in the county jail of Cook county in accordance with the command of a certain execution against the body of said Jacob Rubenfeld, issued by the clerk of the circuit court of Cook county and directed to said Michael Zimmer, as sheriff, in a certain action on the case commenced in said court, wherein Max Eisen was plaintiff and Jacob Rubenfeld and Max Kornreich were defendants, and wherein a judgment for $500 and costs was rendered in favor of the plaintiff and against said defendants.
The petition averred that on March 9, 1906, there was commenced in the circuit court of Cook county, by Max Eisen against Jacob Rubenfeld and Max Kornreich, a certain action on the case, in which a declaration was filed, wherein it was averred, among other things, that said Jacob Rubenfeld and Max Kornreich had theretofore falsely, willfully, and maliciously, and without reasonable or probable cause, caused a warrant to be issued by a justice of the peace of Cook county, and the said Max Eisen to be arrested upon said warrant and to be imprisoned upon the charge of perjury in the county jail of said county, and that upon a trial before said justice of the peace said Max Eisen was discharged; that the defendants, Jacob Rubenfeld and Max Kornreich, filed a plea of the general issue to said declaration, and, upon said cause being tried in the circuit court of Cook county before a jury, a verdict was returned and a judgment was rendered in favor of the plaintiff, Max Eisen, and against the defendants, Jacob Rubenfeld and Max Kornreich, for the sum of $500 and costs; that thereupon an execution against the body of said defendants was ordered by the court to issue, which was done accordingly and delivered to Michael Zimmer, as sheriff, to execute; that Michael Zimmer, as sheriff, arrested Jacob Rubenfeld by virtue of said writ of execution and incarcerated him in the county jail of Cook county; that thereupon said Jacob Rubenfeld presented a petition for a writ of habeas corpus to Judge Gibbons, one of the circuit judges of Cook county, which writ was issued, and that said Jacob Rubenfeld was brought before Judge Gibbons and was admitted to bail, and was afterwards remanded into custody of said Michael Zimmer, as sheriff; that thereafter said Jacob Rubenfeld presented a second petition for a writ of habeas corpus to Judge Windes, another one of the circuit judges of Cook county, to be discharged from imprisonment under and by virtue of the writ of execution against his body, by which he was being held by said Michael Zimmer, as sheriff, to satisfy the judgment rendered against him and Max Kornreich in favor of Max Eisen, and that upon a hearing the said Jacob Rubenfeld was discharged and released from imprisonment under said writ by virtue of an order entered in said habeas corpus proceeding by Judge Windes. It is also averred in the said petition that Judge Windes, in said habeas corpus proceeding, was without jurisdiction to discharge said Jacob Rubenfeld from imprisonment under said writ, and that said order of discharge was void, and that the release and discharge of said Jacob Rubenfeld was unlawful, and that Jacob Rubenfeld should be rearrested by said Michael Zimmer, as sheriff, and confined in the county jail of Cook county by virtue of said writ of execution against his body, held by said sheriff, until said execution was satisfied.
The answer filed to said petition, among other things, averred that the writ of execution in the hands of the said Michael Zimmer, as sheriff, issued against the body of Jacob Rubenfeld, appeared upon its face to be void for want of jurisdiction in the circuit court to render a judgment against Jacob Rubenfeld which authorized an execution to issue against his body; and it was further averred that the petition in the hanbeas corpus proceeding before Judge Windes averred the judgment upon which said execution was issued was a joint judgment against Jacob Rubenfeld and Max Kornreich, and that said Max Kornreich, who was a joint judgment debtor with said Jacob Rubenfeld, had paid and satisfied said judgment, and that in consequence of the payment and satisfaction of said judgment the said Jacob Rubenfeld was entitled to be...
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People ex rel. Carlstrom v. Shurtleff
...does not apply to an order in habeas corpus proceedings except where the court's order is void for want of jurisdiction. Eisen v. Zimmer, 254 Ill. 43, 98 N. E. 285, Ann. Cas. 1913B, 876; People v. Petit, supra; People v. Smith, supra; Swager v. Gillham, supra; People v. Shurtleff, supra. Ma......
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...George Tyson, 32 Mich. 262; Blake's Case, 106 Mass. 501; Morton's Case, 196 Mass. 21, 81 N.E. 869, 11 L.R.A., N.S., 1087; Eisen v. Zimmer, 254 Ill. 43, 98 N.E. 285; David v. Blundell, 39 N.J.L. 612; Ex parte Teeters, 130 Or. 631, 280 P. 660; Ex parte Davis, 18 Vt. 401; In re Hanson, 36 Me. ......
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