Wabash Railroad v. Dougan
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District; — - heard in that court on appeal from the City Court of East St. Louis; the Hon. B. H. Ganby, Judge, presiding. This was a suit by attachment, commenced by M. E. Dougan against J. O. Brown and George P. Seymour, in East St. Louis, before a justice of the peace,,the plaintiff’s claim being for the sum of $21 due on a promissory note executed to him by the defendants.
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Appeal from the Appellate Court for the Fourth District; — - heard in that court on appeal from the City Court of East St. Louis; the Hon. B. H. Ganby, Judge, presiding. This was a suit by attachment, commenced by M. E. Dougan against J. O. Brown and George P. Seymour, in East St. Louis, before a justice of the peace,,the plaintiff’s claim being for the sum of $21 due on a promissory note executed to him by the defendants. The ground upon which-the attachment writ was issued was, that the defendants were non-residents of the State, but were residents of St. Louis in the State of Missouri, and…
1Opinion of the CourtChief Justice Bailey
The answer of the garnishee not being traversed, must be taken as true, and the question presented by the appeal is, whether, upon the facts disclosed by said answer, the judgment against the garnishee can be sustained.
So far as said answer seeks to set up usury in the indebtedness for which the judgment against the principal defendants was rendered, or otherwise to impeach the consideration of that judgment, its averments must -be disregarded, as those matters are available only in favor of the principal debtors, and as they failed to make defense or introduce any evidence, the judgment…
2Cases cited4 opinions
- Hannibal & St. Joseph Railroad v. CraneIllinois Supreme Court · 1882
- Drake v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1888
- Mineral Point Railroad v. BarronIllinois Supreme Court · 1876
- Mitchell v. ShookIllinois Supreme Court · 1874
3Cited by13 opinions
- Ancateau ex rel. Trust Co. of Chicago v. Commercial Casualty InsuranceAppellate Court of Illinois · 1943
- Lancashire Insurance v. CorbettsIllinois Supreme Court · 1897
- State Ex Rel. Lankford v. CollinsSupreme Court of Oklahoma · 1918
- Armour Fertilizer Works v. SandersCourt of Appeals for the Fifth Circuit · 1933
- Central Trust Co. of New York v. Chattanooga, R. & C. R.U.S. Circuit Court for the District of Eastern Tennessee · 1895
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