Born v. Staaden
Illinois Supreme Court
There was an affidavit of plaintiff for garnishee process, sworn to and filed in the Superior Court of Chicago, on the 1st day of July, A. D. 1859, which sets forth that the plaintiff lately recovered a judgment in'the Cook County Court of Common Pleas, against Michael Hambrecht, for the sum of $558.82, and $17.32 costs of suit. That an execution had been issued on said judgment, and returned by the sheriff of Cook county, “ no property found.”
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There was an affidavit of plaintiff for garnishee process, sworn to and filed in the Superior Court of Chicago, on the 1st day of July, A. D. 1859, which sets forth that the plaintiff lately recovered a judgment in'the Cook County Court of Common Pleas, against Michael Hambrecht, for the sum of $558.82, and $17.32 costs of suit. That an execution had been issued on said judgment, and returned by the sheriff of Cook county, “ no property found.” That said Michael Hambrecht has no property within deponent’s knowledge, in his possession, liable to execution; that the deponent hath just reason to…
1Opinion of the Court
Catón, C. J.
The garnishee admitted an indebtedness to the judgment debtor, of four hundred and sixty-seven dollars on the building contract, over and above his claim for damages for delay, and nineteen dollars on account of extra work and another transaction. A part of this was due at the time, and a part was to become due. We find nothing in the record, in the face of these admissions, to justify a judgment in favor of the garnishee. Indeed, it is admitted that as to nineteen dollars, judgment should have been entered against the garnishee. As to the balance due upon the building contract,…
2Cited by5 opinions
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- Providence Institution for Savings v. BarrSupreme Court of Rhode Island · 1890