Walker v. Gibson
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Oliver H. Hortoh, Judge, presiding. On June 27, 1889, a bill was filed in the Circuit Court by appellee Gibson, setting out that he had been engaged with a partner named Hugh McCormick in the dry goods business in the city of Chicago; that on the 17th of June, 1889, said firm were in the possession of a certain stock of dry goods, which, with some debts due the firm, made the assets of the value of §10,000 to §12,000;…
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Appeal from the Circuit Court of Cook County; the Hon. Oliver H. Hortoh, Judge, presiding. On June 27, 1889, a bill was filed in the Circuit Court by appellee Gibson, setting out that he had been engaged with a partner named Hugh McCormick in the dry goods business in the city of Chicago; that on the 17th of June, 1889, said firm were in the possession of a certain stock of dry goods, which, with some debts due the firm, made the assets of the value of §10,000 to §12,000; that said firm was indebted to various parties to an amount exceeding the value of said assets, and that on said day said…
1Opinion of the CourtMoran, J.
It is very apparent froni an inspection of the hill, the substance of which is set out in the statement of facts, that James H. Walker was a necessary party, and the court should have entered no order on the bill which would affect the interests or rights of said Walker without requiring that he be made a party and given proper notice. The purpose of having a receiver, so far as such purpose is disclosed by the bill, was manifestly to obstruct said Walker-in obtaining possession of go'ods claimed by him, through the regular remedy provided by law to accomplish that end. To prevent his…
2Cases cited2 opinions
- Hileman v. BealeIllinois Supreme Court · 1886
- Willenborg v. MurphyIllinois Supreme Court · 1865
3Cited by1 opinion
- Gilbert v. BlockAppellate Court of Illinois · 1894