Mechanics' Savings Inst'n v. Givens
Illinois Supreme Court
Writ oe Error to the Circuit Court of Jefferson countj; the Hon. Tazewell 13. Tanner, Judge, presiding. Judgments in attachment were rendered in favor of the several defendants, at the February term, 1875, of the Jefferson county circuit court, against James Givens. All the writs of attachment were levied upon the same property, and were all returnable at the February term, 1875, except those in favor of the Merchants’ FT ational Bank.
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Writ oe Error to the Circuit Court of Jefferson countj; the Hon. Tazewell 13. Tanner, Judge, presiding. Judgments in attachment were rendered in favor of the several defendants, at the February term, 1875, of the Jefferson county circuit court, against James Givens. All the writs of attachment were levied upon the same property, and were all returnable at the February term, 1875, except those in favor of the Merchants’ FT ational Bank. The writ in suit of the FT ational Ba7ik had been made returnable at a former term, but the judgments in all the cases were pronounced at the same term. On the…
1Opinion of the CourtJustice Scott
Under the 37th section of the Attachment Act, all judgments in attachment against the same defendant, returnable at the same term, and all judgments in suits by summons, capias or attachment against such defendant, recovered at that term, or at the term when the judgment in the first attachment upon which judgment shall be recovered is rendered, shall share pro rata, according to the amounts of the several judgments, in the proceeds of the property attached, either in the hands of the gar-nishee or otherwise. 3STo controversy would have arisen in this case, had the writ of attachment been…
2Cited by5 opinions
- Morris v. Broadview, Inc.Illinois Supreme Court · 1944
- Kirk v. Elmer H. Dearth AgencyIllinois Supreme Court · 1897
- People ex rel. Brokaw v. PainterIllinois Supreme Court · 1915
- Edwards v. HaringAppellate Court of Illinois · 1895
- Kirk v. Elmer H. Dearth Agency ex rel. DoranAppellate Court of Illinois · 1897