United States Express Co. v. Bedbury
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was a proceeding by garnishment, commenced by Joseph H. Bedbury against the United States Express Company, as garnishee of Henry H. Knights, in the Superior Court of Chicago, to the August term, 1868. On the 24th of July, 1863, M. Byron Rich, attorney of the plaintiff below, filed his affidavit in the Superior Court of Chicago, setting forth that on the 10th day of April, 1862, Joseph H. Bedbury, in the Superior Court of…
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Appeal from the Superior Court of Chicago. This was a proceeding by garnishment, commenced by Joseph H. Bedbury against the United States Express Company, as garnishee of Henry H. Knights, in the Superior Court of Chicago, to the August term, 1868. On the 24th of July, 1863, M. Byron Rich, attorney of the plaintiff below, filed his affidavit in the Superior Court of Chicago, setting forth that on the 10th day of April, 1862, Joseph H. Bedbury, in the Superior Court of Chicago, recovered a judgment against Henry H. Knights, in the sum of one hundred and forty-three dollars and six cents…
1Opinion of the CourtChief Justice Walker
It is insisted as a ground of reversal, that there is nothing in the record to show that plaintiff in error was a corporation; and if there is no such evidence, the presumption should be, that it is a copartnership. And if it was a copartnership that the suit should have been against the individuals composing the firm. That it is irregular to sue a firm by its partnership name. The seventh section of the attachment act, Scates’ Comp. 229, declares, that in original attachment proceedings defendants may be designated by their reputed names, by surnames, and joint defendants by their separate…
2Cases cited1 opinion
- Ely v. OrmsbyNew York Supreme Court · 1851
3Cited by18 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- Fitzpatrick v. RutterIllinois Supreme Court · 1896
- Earl v. MatheneyIndiana Supreme Court · 1877
- Mauritz v. SchwindCourt of Appeals of Texas · 1937
- Supreme Lodge of Ancient Order of United Workmen v. ZuhlkeAppellate Court of Illinois · 1889
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