Reid, Murdoch & Co. v. First National Bank
Appellate Court of Illinois
Attachment. Appeal from the Circuit Court of Cook county; the Hon. Richard W. Clifford, Judge, presiding. Statement Tby the Court. October 6,1905, appellant, Reid, Murdoch & Co., commenced a suit in attachment in the Circuit Court against the Richmond Canning Company, of Richmond, Indiana, for $1,440". A writ of attachment was issued and served upon the First National Bank of Chicago, as garnishee.
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Attachment. Appeal from the Circuit Court of Cook county; the Hon. Richard W. Clifford, Judge, presiding. Statement Tby the Court. October 6,1905, appellant, Reid, Murdoch & Co., commenced a suit in attachment in the Circuit Court against the Richmond Canning Company, of Richmond, Indiana, for $1,440". A writ of attachment was issued and served upon the First National Bank of Chicago, as garnishee. Interrogatories were duly filed, inquiring of the garnishee if it had any property of or was indebted to the defendant. A special interrogatory was filed as follows: “Did you, at the time of the…
1Opinion of the CourtJustice Smith
The record shows that this cause was advanced upon the trial calendar and set down for trial on May 14, 1906, on the motion of attorneys for the interpleader without objection from any of the parties. When the case was called for trial the court ruled that the case was before the court for the trial of all the issues, and that the burden of proof was on the' plaintiff, and required the plaintiff, appellant, to proceed with its proof. The question presented on this appeal is whether this ruling of the court was correct or erroneous. ' '
The contention of appellant is that only the issue upon…
2Cases cited4 opinions
- Cook v. SkeltonIllinois Supreme Court · 1858
- Cairo & St. Louis Railroad v. HolbrookIllinois Supreme Court · 1874
- American Mail Order Co. v. MarshAppellate Court of Illinois · 1905
- Rippen v. SchœnIllinois Supreme Court · 1879
3Cited by1 opinion
- McDonald v. TrampfAppellate Court of Illinois · 1964