Chanute v. Martin
Illinois Supreme Court
James A. Martin filed his affidavit in the County Court of Peoria county as a judgment creditor of William H. Cruger, Charles A. Secor, Thomas C. Field, and Samuel Gilman, therein stating that the said defendants in execution had no property within his knowledge, liable to execution, and that he had reason to believe appellants had effects in their hands belonging to defendants in execution, Cruger, Secor & Co. A garnishee process was issued and served on appellants, and…
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James A. Martin filed his affidavit in the County Court of Peoria county as a judgment creditor of William H. Cruger, Charles A. Secor, Thomas C. Field, and Samuel Gilman, therein stating that the said defendants in execution had no property within his knowledge, liable to execution, and that he had reason to believe appellants had effects in their hands belonging to defendants in execution, Cruger, Secor & Co. A garnishee process was issued and served on appellants, and interrogatories filed for them to answer. The answers give a full history of the transactions between appellants and the…
1Opinion of the CourtWalker, J.
This proceeding was instituted under the 38th section of the chapter entitled “ Judgments and Executions.” The record shows that the garnishees, in their answer, set up as a defense, that defendant in execution offered to turn out to the sheriff, and to plaintiff’s attorney, real estate unincumbered, with perfect title in the defendant in execution, of the value of between three and four times the amount of the judgment, to be levied and sold under the execution, and that they failed and refused to buy or sell the same. By the provision of the law under which this proceeding is had, two…
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