Equitable Trust Co. v. Clark
Appellate Court of Illinois
Contest in court of probate. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Statement by the Court. Appellee filed a petition in the Probate Court of Cook county in which he states that he recovered a judgment for wages against the deceased of whose estate appellants are executors, in the lifetime of the decedent, for the sum of $14.50, in pursuance of which judgment an execution had been issued and returned no part satisfied.
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Contest in court of probate. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Statement by the Court. Appellee filed a petition in the Probate Court of Cook county in which he states that he recovered a judgment for wages against the deceased of whose estate appellants are executors, in the lifetime of the decedent, for the sum of $14.50, in pursuance of which judgment an execution had been issued and returned no part satisfied. The petitioner prayed for an order on appellants as executors requiring them to pay the amount due under the judgment. In…
1Opinion of the CourtJustice Freeman
Appellants (one of whom as an assignee of the judgment against appellee attempted to garnishee himself as an executor) argue that the garnishment proceeding against the executors is authorized by section 35, chapter 62, R. S., wherein it is provided that administrators and executors may be garnisheed, with respect to any money or other estate “belonging to any devisee or legatee under any will or belonging to any heir or distributee of any estate.” The contention is that appellee, a creditor of the estate, is a “distributee” within the meaning of the act referred to. This contention cannot be…
2Cases cited4 opinions
- Ladd v. JudsonIllinois Supreme Court · 1898
- Millison v. FiskIllinois Supreme Court · 1867
- Radeke Brewing Co. v. GrangerAppellate Court of Illinois · 1902
- Wolf v. GriffinAppellate Court of Illinois · 1883
3Cited by2 opinions
- Carson Petroleum Co. v. MoorcroftCourt of Appeals for the Seventh Circuit · 1926
- Molner v. South Chicago Sav. BankCourt of Appeals for the Seventh Circuit · 1943