Rankin v. Simonds
Illinois Supreme Court
In the Circuit Court of Menard county, Simonds sued out an attachment against Wm. H. Elliott, and took process of garnishment against A. A. Rankin and L. M. Green.
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In the Circuit Court of Menard county, Simonds sued out an attachment against Wm. H. Elliott, and took process of garnishment against A. A. Rankin and L. M. Green. Judgment by default was rendered against Elliott for the sum of $1,121.13. Interrogatories were then propounded to the garnishees, Rankin and Green, and answers given by Rankin, as follows : Are you acquainted with the plaintiff and the defendant in. the above suit? If so, when, where, and how long? I have seen Mr. Simonds once ; have known W. H. Elliott since 1856, in April of that year. Are you acquainted with J. M. Green,…
1Opinion of the CourtCaton, C. J.
Although the question has never before been made, so as to call for a direct decision, it has always been the practice of our courts to treat the interrogatories to and answers of a garnishee as a part of the record without requiring them to be embodied in a bill of exceptions, and such we have no doubt is the correct practice. They constitute a part of the pleading in the cause, and as such are a part of the record as much as any other pleading. The statute expressly provides that an issue may be taken on the answer of the garnishee, and it follows that if the answer is not thus traversed by…
2Cases cited1 opinion
- McLagan v. BrownIllinois Supreme Court · 1850
3Cited by8 opinions
- People v. MortensonAppellate Court of Illinois · 1922
- Burton v. SnyderSupreme Court of Colorado · 1895
- Truitt v. GriffinIllinois Supreme Court · 1871
- Haines v. O'ConnerAppellate Court of Illinois · 1880
- Chicago, Rock Island & Pacific Railway Co. v. MasonAppellate Court of Illinois · 1882
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