Legal Opinion

Chase v. Tuckwood

Appellate Court of Illinois

Decided December 5, 1899Published

Attachment, intervening petitions, etc. Appeal from the Superior Court of Cook County; the Hon. George A. Trude, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1898.

1Opinion of the CourtJustice Freeman

Counsel for appellants discuss at considerable length in their brief the question whether the Superior Court had power to grant the relief sought by the attaching creditors in the intervening petition.

If the judgment by confession was collusively entered, no indebtedness whatever existing, the transaction would be fraudulent and void, and could be attacked by any one whose interests were thereby adversely affected. Martin v. Judd, 60 Ill. 78-85, and cases there cited.

It is upon such contention that appellant’s attack is based. But there was evidence in this case tending to prove the existence…

2Cases cited4 opinions

  1. Freydendall v. BaldwinIllinois Supreme Court · 1882
  2. Martin v. JuddIllinois Supreme Court · 1871
  3. Havens & Geddis Co. v. First National Bank of PanaIllinois Supreme Court · 1896
  4. Brewster v. RileyAppellate Court of Illinois · 1886

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