Moeller v. Quarrier
Illinois Supreme Court
This was a proceeding by attachment commenced by Quarrier and others in the Circuit Court of Marshall county against Moeller and one Falmestock. Service was' made on Moeller, and Falmestock was brought into the case by advertisement. Garnishee process was issued in aid of the attachment. Moeller pleaded in abatement, that he was not about to depart this State, as was alleged in the affidavit, upon which process issued.
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This was a proceeding by attachment commenced by Quarrier and others in the Circuit Court of Marshall county against Moeller and one Falmestock. Service was' made on Moeller, and Falmestock was brought into the case by advertisement. Garnishee process was issued in aid of the attachment. Moeller pleaded in abatement, that he was not about to depart this State, as was alleged in the affidavit, upon which process issued. Upon the trial of the issue on the plea in abatement, it was proved that Moeller was about to depart from this State to go to California, with the intention of residing there…
1Opinion of the CourtScates, J.
Two questions are presented in this case. First, the affidavit for the attachment charges, that Falmestock is a non-resident, and that Moeller is about to depart the State, &c.
Moeller alone pleaded in abatement that he was not about to depart, &c.
Upon the trial of this issue, the court overruled an objection to, and admitted evidence of, the indebtedness, and we are of opinion it was correct.
Secondly, Moeller sold his interest in the profits of an unsettled partnership, estimated at $300, to Merriman, for which Merriman bound himself “ to pay all the expenses incurred by said William F.…
2Cited by4 opinions
- Italian-Swiss Agricultural Colony v. PeaseIllinois Supreme Court · 1901
- Hawkins v. AlbrightIllinois Supreme Court · 1873
- Italian-Swiss Agricultural Colony v. PeaseAppellate Court of Illinois · 1901
- Metzger v. HuntingtonAppellate Court of Illinois · 1893