Galena & Chicago Union Railroad v. Menzies
Illinois Supreme Court
William Menzies sued out a writ of attachment against the estate, real and personal, of the Mineral Point Railroad Company, with a summons to the Galena and Chicago Union Railroad Company to appear and answer, as garnishee of the defendant, returnable on the third Monday of November, 1858. The writ was returned without service as to the defendant, but duly served on the garnishee.
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William Menzies sued out a writ of attachment against the estate, real and personal, of the Mineral Point Railroad Company, with a summons to the Galena and Chicago Union Railroad Company to appear and answer, as garnishee of the defendant, returnable on the third Monday of November, 1858. The writ was returned without service as to the defendant, but duly served on the garnishee. The plaintiff filed below his allegations and interrogatories to be answered by the garnishee in substance, as follows: Allegations—That the garnishee had in its possession, custody, or charge, at the time of the…
1Opinion of the CourtWalker, J.
The money sought in this case to be subjected to the garnishee process, ivas accumulated after the order of the directors, in January, 1856, appropriating the $56,000 guaranteed to them by garnishee and the Illinois Central Railroad Company, for the payment of the interest, and a sinking fund for the payment of the bonds secured by the mortgage, or deed of trust, to Martin and Coman. And it was earned by the road, and became due to the defendant below, after the execution of the deed of trust; and if it was embraced in and passed by that instrument, then it was properly the' money of the…
2Cited by4 opinions
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