Imperial Building Co. v. Illinois Trust & Savings Bank

Mr. Presiding Justice Chytraus

delivered the opinion of the court.

Undoubtedly, in a garnishment suit, the beneficial plaintiff controls the suit even against the nominal plaintiff. Weckler Brick Company v. McLean, 124 111. App. 309. The courts of law look through the nominal party to the rights of the real or beneficial party. These courts, also, upon a proper motion made at any time during the pendency of a garnishee proceeding, such as this, look through the nominal party to ascertain whether the apparently real or beneficial party is actually such a party. A garnishee proceeding is a…