Legal Opinion

Hodson v. McConnel

Illinois Supreme Court

Decided December 15, 1850PublishedCited by 17 opinions

In June, 1844, McConnel obtained judgment in the Morgan Circuit Court against Hodson, upon which execution was issued and returned no property found. In March, 1849, McConnel filed the requisite affidavit, and obtained an order for summons against R. & J. McDonald as garnishees. In March, 1849, a judgment was entered in the same Court in the name of Hodson against the McDonalds.

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In June, 1844, McConnel obtained judgment in the Morgan Circuit Court against Hodson, upon which execution was issued and returned no property found. In March, 1849, McConnel filed the requisite affidavit, and obtained an order for summons against R. & J. McDonald as garnishees. In March, 1849, a judgment was entered in the same Court in the name of Hodson against the McDonalds. The proceeding of McConnel was for the purpose of obtaining a judgment against the McDonalds, as garnishees, for the amount of the judgment against them in favor of Hodson. In November, 1849, the McDonalds and Hodson…

1Opinion of the CourtTrumbull, J.

This was a garnishee proceeding, instituted by McConnel, under E. S., ch. 57, §38, against John and Eichard McDonald, as debtors of William Hodson.

The Circuit Court gave judgment against the McDonalds for the sum due from them to Hodson, and against Hodson for costs.

It was objected, upon the argument, that Hodson alone had appealed, and that he could not be permitted to assign errors in the judgment against the McDonalds.

In point of fact, an appeal was allowed to all the defendants in the Court below, and they have all united in the assignment . of errors, to which there is a joinder in…

2Cited by17 opinions

  1. Webster v. SteeleIllinois Supreme Court · 1874
  2. Savage v. GreggIllinois Supreme Court · 1894
  3. Carr v. WaughIllinois Supreme Court · 1862
  4. Newman v. Commercial National BankIllinois Supreme Court · 1895
  5. Dehner v. Helmbacher Forge & Rolling MillsAppellate Court of Illinois · 1880

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