Legal Opinion

Carr v. Waugh

Illinois Supreme Court

Decided April 15, 1862PublishedCited by 18 opinions

The defendant in error, as the judgment creditor of James S. Simpson, Timón Minnehan, and Sagar Wild, sued out garnishee process against the plaintiff in error, alleging said garnishee to be the debtor of said Simpson, one of the defendants in the judgment.

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The defendant in error, as the judgment creditor of James S. Simpson, Timón Minnehan, and Sagar Wild, sued out garnishee process against the plaintiff in error, alleging said garnishee to be the debtor of said Simpson, one of the defendants in the judgment. Written interrogatories were filed, and by agreement of the parties, the cause coming on to be heard at the March term of the Putnam Circuit Court, 1862, Richmond, Judge, presiding, the hearing of the matter was submitted to the court, a jury being waived, and the garnishee answered orally. He denied that he was indebted, unless upon the…

1Opinion of the CourtWalker, J.

The garnishee answered, that on the 13th day of April, 1861, he leased of Simpson, one of the judgment debtors, a piece of land, to raise thereon a single crop. The quantity was not then known, but it was agreed, by the terms of the lease, by plaintiff in error and A. H. Turner, as rent of the land, plaintiff in error was to pay four dollars per acre. On the day the lease was executed, it was assigned by indorsement to Turner. That Simpson then said he would leave the lease with Turner, and directed plaintiff in error to pay the rent to him. On measurement, the land was found to contain…

2Cases cited1 opinion

  1. Hodson v. McConnelIllinois Supreme Court · 1850

3Cited by18 opinions

  1. Savage v. GreggIllinois Supreme Court · 1894
  2. Chicago Title & Trust Co. v. SmithIllinois Supreme Court · 1895
  3. Done Bros. v. TaussigIllinois Supreme Court · 1886
  4. Morris v. CheneyIllinois Supreme Court · 1869
  5. Consolidated Tank Line Co. v. Collier, Robertson & HambletonIllinois Supreme Court · 1893

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