Choate v. Blackford
Appellate Court of Illinois
Appeal from the County Court of Cook County; the Hon. Biohaeb Pbebtobegast, Judge, presiding. Suit was commenced by attachment, by appellee, to recover against one Charles H. Choate, for certain rent claimed to he due from him. Appellant and others were summoned as garnishees, and interrogatories filed.
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Appeal from the County Court of Cook County; the Hon. Biohaeb Pbebtobegast, Judge, presiding. Suit was commenced by attachment, by appellee, to recover against one Charles H. Choate, for certain rent claimed to he due from him. Appellant and others were summoned as garnishees, and interrogatories filed. In addition to the usual interrogatories to garnishee, appellant was required to answer the following: “Has said Charles H. Choate, during two years last past, transferred, assigned, executed or delivered to you, or to any person for you, any property, money, credits or effects, or any…
1Opinion of the CourtMorait, P. J.
The answer set out in the foregoing statement, was responsive to the special interrogatory. The answer does not introduce new matter in evidence but states in answer to the question, the consideration paid to Charles H. Choate for the Albaugh notes, and when and how it was paid, and also the consideration for the conveyance of the equities in the lots.
The answer being under oath, and answering no more than was specifically called for by the interrogatory, must stand as true until disproved. The burden was on the appellees to disprove the statements contained in the answer, in order to entitle…
2Cases cited1 opinion
- Truitt v. GriffinIllinois Supreme Court · 1871