Legal Opinion

American Central Insurance v. Hettler

Appellate Court of Illinois

Decided November 17, 1892PublishedCited by 4 opinions

Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding.

1Opinion of the CourtJustice Gary

This is an action in which the appellant is a garnishee, August Beck & Co., a corporation, is plaintiff, and O. P. Hettler is defendant. It is by attachment without personal service on Hettler. Both the affidavit and bond are defective; the affidavit in not stating that the affiant is the agent or attorney of the plaintiff below (Cunningham v. Goelet, 4 Denio, 71, but see Wetherwax v. Paine, 2 Mich. 555); and the bond in being less than double the amount sworn to be due.

But the appellant as garnishee can only object to the proceedings of the plaintiff against the defendant upon such points as…

2Cases cited6 opinions

  1. Kruse v. WilsonIllinois Supreme Court · 1875
  2. Wetherwax v. PaineMichigan Supreme Court · 1853
  3. Cunningham v. GoeletNew York Supreme Court · 1847
  4. Leiber v. U. P. R. Co.Supreme Court of Iowa · 1878
  5. Dennison v. BlumenthalAppellate Court of Illinois · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Armour Fertilizer Works v. SandersCourt of Appeals for the Fifth Circuit · 1933
  2. Armour Fertilizer Works v. SandersCourt of Appeals for the Fifth Circuit · 1933
  3. Lake Shore & M. S. Ry. Co. v. ScottAppellate Court of Illinois · 1896
  4. Lancashire Insurance v. CorbettAppellate Court of Illinois · 1896

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