Young v. Cooper
Illinois Supreme Court
Appeal from the Circuit Court. of Madison county; the Hon. Joseph Gillespie, Judge, presiding. On the 14th day of December, 1870, the following affidavit was made before the clerk of the Circuit Court of Madison county, viz: “John Young, on oath, states that Jesse Stanley and James T. Cooper are indebted to him in the sum of five hundred and seventy-seven and seventy-five one hundredths dollars, ($577.75) upon a judgment rendered against them in his favor in the Madison…
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Appeal from the Circuit Court. of Madison county; the Hon. Joseph Gillespie, Judge, presiding. On the 14th day of December, 1870, the following affidavit was made before the clerk of the Circuit Court of Madison county, viz: “John Young, on oath, states that Jesse Stanley and James T. Cooper are indebted to him in the sum of five hundred and seventy-seven and seventy-five one hundredths dollars, ($577.75) upon a judgment rendered against them in his favor in the Madison circuit court, with legal interest on said judgment from the May term of said court, • A. D. 1870; that James T. Cooper, one…
1Opinion of the CourtJustice McAllister
This was a suit commenced by attachment, in the Madison circuit court. The appellant’s affidavit .for the writ, set out a judgment recovered by him at the May term, A. D. 1870, of the same court, against appellee and one Stanley for $577.75.
Upon motion of appellee, the court below quashed the writ, upon the ground that a suit by attachment will - not lie upon a judgment recovered in the same court where the suit is brought-.
That an action of debt will lie upon the judgment of the same court in which such action is brought, even though the plaintiff in the judgment is entitled to execution…
2Cited by2 opinions
- Citizens' National Bank v. LucasWashington Supreme Court · 1901
- Moore v. Monarch Distributing Co.Appellate Court of Illinois · 1941