Maher v. Huette (10 Ill. App. 56, 1882)

Pillsbury, J.

By stipulation filed, the only question submitted for our determination, is whether the demand made by the officer is sufficient in law to authorize the issue of the execution against the body of the plaintiff in error. By section 12 of our bill of rights it is declared that, “Ho person shall be imprisoned for debt unless upon refusal to deliver up his es_ tate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is a strong presumption of fraud.”

The legislature under the authority contained in the exceptions in the above section of the Constitution incorporated into the act of 1872, entitled “ Judgments and Decrees,” sections 62 and 63, prescribing the manner in which, and under what circumstances an execution can be-issued against the body of a defendant for the causes named in the exceptions in said section of the constitution. By the sixty-second section, before a judgment creditor can have execution against the body of the execution debtor for a refusal to surrender his estate, he must make an affidavit by himself, his agent or attorney, stating that a demand has been made upon the debtor to surrender his estate, goods, chattels, lands