Nesbitt v. Dickover
Appellate Court of Illinois
Appeal from the Circuit Court of Stephenson County; the Hon. William Brown, Judge, presiding. Statement by Lacey. J. This was a garnishee proceeding, brought by Sanford & Rowell, judgment creditors of Joseph Dickover, against the appellants, debtors of Joseph Dickover, before a Justice of the Peace, and from thence appealed by appellee to the Circuit Court, and tried in that court without a jury on an agreed state of facts.
Read the full summary
Appeal from the Circuit Court of Stephenson County; the Hon. William Brown, Judge, presiding. Statement by Lacey. J. This was a garnishee proceeding, brought by Sanford & Rowell, judgment creditors of Joseph Dickover, against the appellants, debtors of Joseph Dickover, before a Justice of the Peace, and from thence appealed by appellee to the Circuit Court, and tried in that court without a jury on an agreed state of facts. The Circuit Court found the issues for the appellee, and rendered judgment in favor of the garnisheeing creditors for $236.51 and costs of suit, from which judgment an…
1Opinion of the CourtLacey, J.
Only two questions arise on this record :
First. Does the claim of a judgment creditor by service of garnishee process on the debtor of such judgment debtor take precedence in payment over the legal claim for labor and materials furnished by subcontractors of the judgment debtor used in the erection of the building of such garnishee, where proper lien notice is given to the latter, but subsequently to the service of such process ?
Second. Has the Justice of the Peace issuing such process jurisdiction to render judgment in favor of the garnisheeing creditor, against the garnishee, for more than…
2Cases cited11 opinions
- Payne v. . WilsonNew York Court of Appeals · 1878
- Bigelow v. AndressIllinois Supreme Court · 1863
- Chanute v. MartinIllinois Supreme Court · 1860
- Michigan Central Railroad v. KeohaneIllinois Supreme Court · 1863
- Roche v. Rhode Island InsuranceAppellate Court of Illinois · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fornoff v. SmithAppellate Court of Illinois · 1935
- Nelson v. UrbanAppellate Court of Illinois · 1925
- Silberman-Becker Corp. v. HummelCourt of Appeals for the Seventh Circuit · 1932
- Mueller ex rel. Ahrens & Ott Manufacturing Co. v. KrollAppellate Court of Illinois · 1917
- Ryerson & Son v. SmithAppellate Court of Illinois · 1893
2 more not listed; retrieve them via the Exa API.