Union National Bank v. First National Bank
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. On the 7th of September, 1876, George Kappes and Francis Eggerman sued out of the Superior Court of Cook county a writ of attachment against The First National Bank of Centreville, Iowa, and caused to be inserted in the writ the name of The Union National Bank of Chicago, to be summoned as a garnishee in the cause.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. On the 7th of September, 1876, George Kappes and Francis Eggerman sued out of the Superior Court of Cook county a writ of attachment against The First National Bank of Centreville, Iowa, and caused to be inserted in the writ the name of The Union National Bank of Chicago, to be summoned as a garnishee in the cause. On the 3d of October, 1876, the sheriff of Cook county, in whose hands the writ had been placed, returned the same with the following indorsement: “ No property found in my county, and the…
1Opinion of the CourtJustice Scholfield
This court, in Mineral Point Railroad Co. v. Keep, 22 Ill. 9, laid down the doctrine that where it is denied that process was served upon the agent of a corporation, as the return of the sheriff shows, the fact must be put in issue by a plea in abatement. And again in Holloway et al. v. Freeman, id. 197, it was held that where it is designed to put in issue the return of the sheriff, it must be by plea in abatement. More recently, in Sibert v. Thorp, 77 Ill. 43, on review of the previous decisions, it was held that the sheriff's return of service on an original process does not import…
2Cases cited3 opinions
- Mineral Point Railroad v. KeepIllinois Supreme Court · 1859
- Protection Life Insurance v. PalmerIllinois Supreme Court · 1876
- Sibert v. ThorpIllinois Supreme Court · 1875
3Cited by10 opinions
- Keokuk & Hamilton Bridge Co. v. WetzelIllinois Supreme Court · 1907
- Grand Lodge Brotherhood of Locomotive Firemen v. CramerIllinois Supreme Court · 1896
- Harrison v. HartAppellate Court of Illinois · 1886
- Beck & Pauli Lithographing Co. v. Monarch Brewing Co.Appellate Court of Illinois · 1907
- Grand Lodge, Brotherhood of Locomotive Firemen v. CramerAppellate Court of Illinois · 1895
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