Lancashire Insurance v. Corbett
Appellate Court of Illinois
Attachment or Garnishee Proceedings.—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case.
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Attachment or Garnishee Proceedings.—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This action was commenced by Hugh E. Wilson, Milton H. Wilson, Elijah 0. Wilson and Morris E. Eddy, copartners, doing business under the firm name and style of Wilson Brothers & Co., against John Corbett, a writ of attachment being issued upon affidavit that John Corbett was not a resident of this State, and that his residence was at Eipon, in the State of Wisconsin. The action was commenced on…
1Opinion of the CourtJustice Waterman
It is not necessary in garnishee proceedings that the indebtedness of the garnishee should be due at the time of the commencement of proceedings against him. Hanover Fire Ins. Co. v. Connor, 20 Ill. App. 297; Drake on Attachment, Sec. 551; Wade on Attachment, Sec. 449.
It is sufficient that the debt be owing, without uncertainty or contingency at the time of the answer. Hanover Fire Ins. Co. v. Connor, supra.
Although it were the case that the assured could not have maintained suit brought under the policy October 6, 1892, because the debt was not then due, yet the garnishee proceeding may be…
2Cases cited13 opinions
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- Hannibal & St. Joseph Railroad v. CraneIllinois Supreme Court · 1882
- Harvey v. Great Northern Ry. Co.Supreme Court of Minnesota · 1892
- Mineral Point Railroad v. BarronIllinois Supreme Court · 1876
- Hanover Fire Insurance v. ConnorAppellate Court of Illinois · 1886
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