Finlay v. Dickerson
Illinois Supreme Court
This was an action of foreign attachment, commenced by Thomas S. Dickerson, plaintiff, in the Circuit Court of Cook county, on the first day of November, 1859, against E. GL Howland and William O. Jones, defendants, the latter only being a non-resident, on a joint debt against the said Howland and Jones, and amounting, as sworn to, to the sum of $979.31, and being for goods sold and delivered.
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This was an action of foreign attachment, commenced by Thomas S. Dickerson, plaintiff, in the Circuit Court of Cook county, on the first day of November, 1859, against E. GL Howland and William O. Jones, defendants, the latter only being a non-resident, on a joint debt against the said Howland and Jones, and amounting, as sworn to, to the sum of $979.31, and being for goods sold and delivered. The usual affidavit and bond were filed, and the usual writ in such cases issued to the sheriff of Adams county on the day aforesaid, returnable to the November term of said court, Nov. 21, 1859, and…
1Opinion of the CourtWalker, J.
If this deed is to be held fraudulent, as hindering and delaying creditors, it must be from the provisions of the deed itself, as there was no extraneous evidence impeaching its validity, and the answer of the garnishee alleges that it was made in good faith. It is insisted that the provision requiring that the assignee “ shall, as soon as conveniently may be, make sale and dispose of such parts of said property as are in their nature susceptible, for the best price in money that can be reasonably had or obtained for the same,” gives to the assignee discretionary power as to the time when the…
2Cases cited4 opinions
- McIntire v. BensonIllinois Supreme Court · 1858
- Trustees of Schools v. WrightIllinois Supreme Court · 1850
- Sackett v. MansfieldIllinois Supreme Court · 1861
- Robinson v. NyeIllinois Supreme Court · 1859
3Cited by3 opinions
- Chatroop v. BorgardAppellate Court of Illinois · 1891
- Tribune Co. v. R. & J. Furniture Sales, Inc.Appellate Court of Illinois · 1959
- Wooldridge v. IrvingUnited States Circuit Court · 1884