Suppiger v. Gruaz
Illinois Supreme Court
Writ of Beeoe to th'e Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. W. H. Snyder, Judge, presiding. The facts of this case, briefly stated, are as follows: Timothy Gruaz, defendant in error, obtained a judgment against the Highland Mechanical Works for $5647.10, at the March-term of the Madison county circuit court, upon which an exe- . cution was issued, and levied on certain personal property.
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Writ of Beeoe to th'e Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. W. H. Snyder, Judge, presiding. The facts of this case, briefly stated, are as follows: Timothy Gruaz, defendant in error, obtained a judgment against the Highland Mechanical Works for $5647.10, at the March-term of the Madison county circuit court, upon which an exe- . cution was issued, and levied on certain personal property. On the 10th of May, 1884, Eyhiner & Co. replevied this property from the sheriff, giving bond, in the usual form, in the…
1Opinion of the CourtJustice Craig
Plaintiffs in error rely upon two grounds to reverse the judgment of the Appellate Court: First, that the claim is. ■barred by section 10 of the Assignment act; and second, that ■the property replevied was leased by Byhiner & Co. to Ellison '■& Son, and was destroyed by fire while in their possession, without the fault or negligence of Byhiner & Co.
Section 2 of the act concerning voluntary assignments provides that the assignee “shall forthwith give notice thereof by publication in some newspaper, which publication shall be continued six weeks, and shall forthwith send a notice thereof by…
2Cases cited9 opinions
- Morris v. C., B. & Q. R. Co.Supreme Court of Iowa · 1876
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
- Yates v. Fassett & WhitlockNew York Supreme Court · 1847
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3Cited by24 opinions
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- Evans v. Illinois Surety Co.Illinois Supreme Court · 1921
- Morse v. Pacific Railway Co.Illinois Supreme Court · 1901
- Schott v. YoureeIllinois Supreme Court · 1892
- Randolph v. . McGowansSupreme Court of North Carolina · 1917
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