Coleen and Claypole v. Figgins

Case # Not Listed

Appellant/Plaintiff

Francois Coleen, Abraham Claypole

Appellee/Defendant

Daniel Figgins

Appellant/Plaintiff Attorneys

  • Elias Kent Kane

Appellee/Defendant Attorneys

  • Winchester

County of Origin

Madison County

Justice

Terms of Court

December 1819

Type of Case

Not Listed

Disposition

Reversed

Citation

1 Ill 19

Case Summary

The Supreme Court reversed the judgment of the lower court because the writ issued by the Madison County Circuit Court was void. The writ was made returnable to a court not yet in existence. Although the act establishing circuit courts passed on the same day as the issuance of the writ, the Court determined the act didn't take effect until the following day. Thus, the clerk lacked authority to issue the writ.

Illinois Reports File