Pierce v. Carleton
Illinois Supreme Court
Oarleton & Oo. commenced their action in assumpsit, in the Jo Davies Circuit Court, by attachment against George Cribb, a non-resident. The writ issued against several persons-, (among others, the present appellant) as garnishees. Pierce was a deputy under the IJ. S. Marshal, for the- District of Illinois. As such deputy he had levied upon divers goods &c., as the property of Cribb. Pierce returned to the Court the list of the goods upon which he had levied.
Read the full summary
Oarleton & Oo. commenced their action in assumpsit, in the Jo Davies Circuit Court, by attachment against George Cribb, a non-resident. The writ issued against several persons-, (among others, the present appellant) as garnishees. Pierce was a deputy under the IJ. S. Marshal, for the- District of Illinois. As such deputy he had levied upon divers goods &c., as the property of Cribb. Pierce returned to the Court the list of the goods upon which he had levied. One Robinson and others, by interpleader, claimed the goods garnisheed in the hands of Pierce, and which he had attached as deputy…
1Opinion of the CourtTreat, C. J.
The first question arising on this record is, whether a garnishee, who sues out a writ of error to reverse a judgment rendered against him, may inquire into the legality and regularity of the previous proceedings against the defendant in attachment. In one respect, he unquestionably can. In a suit by attachment, the Court must acquire jurisdiction, and proceed to enter a judgment against the defendant, before it can pronounce any judgment against a party summoned as garnishee. If the previous proceedings are unauthorized and void, there is no sufficient basis to support the judgment against…
2Cases cited1 opinion
- Van Nest v. YeomansNew York Supreme Court · 1828
3Cited by39 opinions
- Bickerdike v. AllenIllinois Supreme Court · 1895
- Haywood v. CollinsIllinois Supreme Court · 1871
- Iroquois Furnace Co. v. Wilkin Manufacturing Co.Illinois Supreme Court · 1899
- Dennison v. TaylorIllinois Supreme Court · 1892
- Dunlop v. . Patterson Fire Insurance Co.New York Court of Appeals · 1878
34 more not listed; retrieve them via the Exa API.