Hoffman v. Fitzwilliam & Sons
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was a garnishee proceeding, brought by C. M. Foster & Co., against Fitzwilliam & Sons, to garnishee wages due from defendants to Frank J. Hoffman. The court below found for the defendants.
1Opinion of the CourtChief Justice Scott
All the questions of law arising on this record have been settled by the recent decision of this court, in Bliss v. Smith, 78 Ill. 359.
There was nothing due from defendants to the judgment debtor, at the date of the service of the writ of garnishment. He had previously been in the employment of the defendants, at a salary agreed upon, payable in weekly installments. It is admitted, the judgment debtor is a married man and the head of a family, residing with them. After the service of the writ, and before the answer was filed, the judgment debtor had earned wages by his labor in the service of…
2Cases cited1 opinion
- Bliss v. SmithIllinois Supreme Court · 1875
3Cited by3 opinions
- Davis v. Siegel, Cooper & Co.Appellate Court of Illinois · 1899
- Hudson ex rel. Topp v. Hudson Motor Co.Appellate Court of Illinois · 1925
- Harris v. MontagAppellate Court of Illinois · 1927