Steere v. Hoagland
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. John M. Scott, Judge, presiding. This was a bill in chancery, in the nature of a creditor’s bill, brought by the appellees against the appellants, upon three judgments against one Byron W. Gray. Two of these judgments were rendered in the United States Circuit Court for the Southern District of Illinois, and amounted in the aggregate to the sum of $3,504.86, besides the costs.
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Appeal from the Circuit Court of Macon county; the Hon. John M. Scott, Judge, presiding. This was a bill in chancery, in the nature of a creditor’s bill, brought by the appellees against the appellants, upon three judgments against one Byron W. Gray. Two of these judgments were rendered in the United States Circuit Court for the Southern District of Illinois, and amounted in the aggregate to the sum of $3,504.86, besides the costs. The other judgment was obtained in the Circuit Court for McLean county and amounted to $1,032.34, and costs. Gray was a merchant doing business at Bloomington,…
1Opinion of the CourtChief Justice Walker
While it may be true, as a general rule, that there must be a judgment and an execution returned no property, before a creditor’s bill will be entertained, yet to the rule there are well recognized exceptions. In proceedings against insolvent estates an execution is not regarded as essential to give the court jurisdiction. Under our statute of wills, and judgments and executions, an execution cannot issue against an administrator so as to reach personal assets. And in such cases it is held, that a resort may be had to equity without the necessity of suing out executions. McDaniel v. Cochrane,…
2Cases cited5 opinions
- O'Brien v. CoulterIndiana Supreme Court · 1831
- Tarbell v. GriggsNew York Court of Chancery · 1831
- McDowell v. CochranIllinois Supreme Court · 1849
- Bay v. CookIllinois Supreme Court · 1863
- Dix v. BriggsNew York Court of Chancery · 1842
3Cited by30 opinions
- Mosier v. NortonIllinois Supreme Court · 1876
- Dilworth v. CurtsIllinois Supreme Court · 1891
- Patterson v. LyndeIllinois Supreme Court · 1884
- Moss v. McCallIllinois Supreme Court · 1874
- Whitsett v. KershowSupreme Court of Colorado · 1878
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