Wisconsin Granite Co. v. Gerrity

We are of the opinion that the courts below misconceived the scope and effect of the present bill. They assumed that it was a creditor’s bill for the purpose, of reaching equitable . assets of the defendant and subjecting them to the payment of complainant’s judgment, to sustain which it was necessary to allege and prove that complainant’s remedy at law was exhausted before the filing of the bill. Durand v. Gray, Kingman & Collins, 129 Ill. 9, and cases therein cited. But its real scope and effect is simply to set aside and remove out of the way of complainant’s execution upon its judgment at…