Legal Opinion

Atkinson v. Foster

Illinois Supreme Court

Decided October 31, 1890PublishedCited by 8 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Gwynn Garnett, Judge, presiding.

1Opinion of the CourtJustice Wilkin

Appellee filed, in the Superior Court of Cook county, a creditor’s bill against appellants, Atkinson and Smith, and others. The bill alleged the recovery of a judgment by appellee, against Atkinson, in the said Superior Court, January 19, 1887, for $7061.11, the issuing of execution thereon, the return thereof “no property found,” and that said judgment remained wholly unsatisfied. Then follow the charges usually contained in a creditor’s bill, and a prayer for discovery, etc. It also prayed for the appointment of a receiver, and for an injunction.

Atkinson answered under oath, averring that…

2Cases cited3 opinions

  1. Robinson v. SmithNew York Court of Chancery · 1831
  2. First National Bank v. GageIllinois Supreme Court · 1879
  3. Newman v. WillittsIllinois Supreme Court · 1871

3Cited by8 opinions

  1. Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1920
  2. Kennard v. CurranIllinois Supreme Court · 1909
  3. State Ex Rel. Fair v. AdamsSupreme Court of Florida · 1962
  4. In re BaconCourt of Appeals for the Second Circuit · 1913
  5. Walker v. MontgomeryIllinois Supreme Court · 1908

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