Marshall v. Moore
Illinois Supreme Court
Writ of Error to the Circuit Court of Coles county; the Hon. Charles H. Constable, Judge, presiding. This was a bill in chancery, brought by Stephen B. Moore, against Thomas A. Marshall and Isaiah H. Johnson, to the May term, 1862, of the Coles Circuit Court.
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Writ of Error to the Circuit Court of Coles county; the Hon. Charles H. Constable, Judge, presiding. This was a bill in chancery, brought by Stephen B. Moore, against Thomas A. Marshall and Isaiah H. Johnson, to the May term, 1862, of the Coles Circuit Court. It appears that in the fall of 1858, T. & J. W. Johnson & Co. recovered a judgment against Usher F. Linder, for the sum of $345.85, upon which an execution was issued and placed in the hands of the sheriff for collection ; it was levied upon lot.one, a part of the E -J- N. E. Sec. 10, T. 12, B. 9 E.; also lot ten, in E. C. Banks’…
1Opinion of the CourtChief Justice Walker
It is insisted that extending the time for the payment, and the stay of execution, rendered the judgment in favor of the Johnsons dormant, and that it was postponed to other and junior judgments. In support of this position, the case of Ross v. Webber, 26 Ill. 221, is cited by defendant in error. That case related to personal property under execution, in the hands of the sheriff, and whilst it was so in his hands, the creditor agreed to stay the execution for the period of six months, without a sale. Afterwards, and whilst the execution was in the sheriff’s hands, he received another, in…
2Cases cited3 opinions
- Wise v. ShepherdIllinois Supreme Court · 1851
- Hurd v. EatonIllinois Supreme Court · 1862
- Ross v. WeberIllinois Supreme Court · 1861
3Cited by3 opinions
- Boone v. RobertIllinois Supreme Court · 1889
- Tyler Refrigeration Equipment Co. v. StonickOhio Court of Appeals · 1981
- Adams v. ConnellyAppellate Court of Illinois · 1905