Merwin v. City of Chicago
Illinois Supreme Court
Appeal from the Circuit Court of Cook county ,• the Hon. Ebastüs S. Williams, Judge, presiding. This was a suit in attachment, commenced by the appellant in the court below, against one Samuel Nicolson, under chapter 9 of the Eevised Statutes, entitled “ Attachments in Circuit Courts,” and the appellee, the City of Chicago, was summoned as garnishee.
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Appeal from the Circuit Court of Cook county ,• the Hon. Ebastüs S. Williams, Judge, presiding. This was a suit in attachment, commenced by the appellant in the court below, against one Samuel Nicolson, under chapter 9 of the Eevised Statutes, entitled “ Attachments in Circuit Courts,” and the appellee, the City of Chicago, was summoned as garnishee. July 20, 1867, the city, without having answered, was, on motion, discharged as garnishee, and judgment rendered against appellant for costs. Whereupon, the appellant prayed an appeal to this court.
1Opinion of the CourtJustice Lawrence
The only question presented by this record is, whether municipal corporations in this State are liable to the process of garnishment. This court held, in The City of Chicago v. Hasley, 25 Ill. 596, 597, that the property of such a corporation could not be levied on and sold imder execution. This decision was placéd upon the grounds of public policy. However strong the obligation of a town or city to pay its debts, it was considered that to allow payment to be enforced by execution would so far impair the usefulness and power of the corporation, in the discharge of its government functions,…
2Cases cited4 opinions
- Mayor of Baltimore v. Root ex rel. ArmstrongCourt of Appeals of Maryland · 1855
- Burnham v. City of Fond du LacWisconsin Supreme Court · 1862
- Hawthorn v. City of St. LouisSupreme Court of Missouri · 1847
- McDougal v. Board of SupervisorsSupreme Court of Minnesota · 1860
3Cited by45 opinions
- City of Chicago v. Tribune Co.Illinois Supreme Court · 1923
- Friedman & Rochester, Ltd. v. WalshIllinois Supreme Court · 1977
- Skelly v. Westminster School DistrictCalifornia Supreme Court · 1894
- Wallace v. LawyerIndiana Supreme Court · 1876
- Brown v. GatesWest Virginia Supreme Court · 1879
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