Ryan v. Kimberly
Appellate Court of Illinois
Attachment proceeding. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding.
1Opinion of the CourtJustice Smith
There is no question of fact in this case. The record presents a question of law only, which must be determined by the construction of the contract set out in the answer of Kimberly, garnishee. If the contract was an executed contract of sale at the time of the service of the garnishment writ, and the shares of stock mentioned in the contract were then the property of Kimberly, and the latter absolutely owed a certain and specific amount of money for them to Ryan and Oonley, the defendants in the attachment, as contended by appellants, it was a debt subject to garnishment by the creditors of…
2Cases cited11 opinions
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- Hannibal & St. Joseph Railroad v. CraneIllinois Supreme Court · 1882
- Capes v. BurgessIllinois Supreme Court · 1890
- Webster v. SteeleIllinois Supreme Court · 1874
- Lancashire Insurance v. CorbettsIllinois Supreme Court · 1897
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3Cited by2 opinions
- Chapman v. PenixCourt of Appeals of Texas · 1925
- Independent Filter Co. v. HilbigAppellate Court of Illinois · 1911