Buchter v. Dew
Illinois Supreme Court
Writ op Error to the Circuit Court of Clinton County; the Hon. Silas L. Bryan, Judge, presiding. Several creditors of Meleher Zimmerman and John J. Miller recovered judgments against them in the court below, on the same day, in proceedings instituted under the law in relation to mechanics’ liens.
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Writ op Error to the Circuit Court of Clinton County; the Hon. Silas L. Bryan, Judge, presiding. Several creditors of Meleher Zimmerman and John J. Miller recovered judgments against them in the court below, on the same day, in proceedings instituted under the law in relation to mechanics’ liens. John Buchter, one of these creditors, recovered a judgment for the sum of $289.42; Schulenberg and Boechler for $255.5J, and John Bichert for $86.54. An execution, which was issued upon the judgment in favor of Buchter, came to the hands of the sheriff, who sold the property, and realized from the…
1Opinion of the CourtJustice Breese
The facts in this record clearly show that, whatever may be the rights of the other judgment creditors, under the mechanics’ lien law, to a pro rata share of the proceeds derived from a sale of the premises by the sheriff, the sheriff himself has no right. It appears the sheriff, in this case, paid over to the plaintiff in error the full amount of the judgment he had recovered at the same term of court with other creditors who were then prosecuting their liens, whereas, under the statute, these judgment creditors were Jo be paid pro rata out of the proceeds. It is, in principle, like the case…
2Cases cited1 opinion
- Warren v. Iscarian CommunityIllinois Supreme Court · 1854
3Cited by1 opinion
- Central Cotton Garment Manufacturers Ass'n v. International Ladies' Garment Workers UnionAppellate Court of Illinois · 1935