French v. Baker
Appellate Court of Illinois
Appeal from the Circuit Court of Winnebago County. Statement of the case by Welch, J. This was a bill filed by the appellant to enjoin the enforcement of a judgment rendered in favor of Eldon H. Baker and Edward A. Baker against Michael Fox, in attachment proceedings against said Fox, and to perpetually enjoin the appellees from selling certain lands and premises in said bill described.
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Appeal from the Circuit Court of Winnebago County. Statement of the case by Welch, J. This was a bill filed by the appellant to enjoin the enforcement of a judgment rendered in favor of Eldon H. Baker and Edward A. Baker against Michael Fox, in attachment proceedings against said Fox, and to perpetually enjoin the appellees from selling certain lands and premises in said bill described. The bill alleges the recovery of three judgments in favor of the appellant against said Fox, on the 1st day of October, 1883; that the judgments are in full force ; that Fox was insolvent and had fled the…
1Opinion of the CourtWelch, J.
The judgment sought to be enjoined was recovered by the appellees, Bakers, against Fox, on personal service and default. The declaration contained a special count and the common counts. It is insisted by counsel for appellant that the special count stated no course of action on which a recovery could.be maintained and that therefore the judgment is void. If it be conceded that the special count did notshow that there was a Iona ficle indebtedness existing between Fox and Bakers at; the time of the commencement of the attachment proceedings, yet, as held in the case of Hopkins Rowell v. George…
2Cases cited3 opinions
- Freydendall v. BaldwinIllinois Supreme Court · 1882
- Mulvey v. GibbonsIllinois Supreme Court · 1877
- Rowell v. ChandlerIllinois Supreme Court · 1876
3Cited by2 opinions
- Duffy v. FrankenbergAppellate Court of Illinois · 1908
- Moore v. Robbins Machinery & Supply Co.Appellate Court of Illinois · 1929