McElwee v. Wilce ex rel. Hill
Appellate Court of Illinois
Attachment, and garnishee proceedings. Trial in the Circuit Court of Cook County; the Hon. Elbbidge Hanecy, Judge, presiding. Finding and judgment for plaintiff. Appeal by defendant.
1Opinion of the CourtJustice Shepard
The service of the garnishee writ upon Wilce did not create a lien in favor of McElwee & Company, the creditor, upon the moneys in Wilce’s hands. By it there was created a personal liability of Wilce to respond to any judgment that might be recovered against him, but nothing more. Bigelow v. Andress, 31 Ill. 322; Gregg v. Savage, 51 Ill. App. 281.
Wilce might, if he chose, as he did, pay the Otter Creek Company, in spite of the garnishment, but doing so was at his personal risk.
Having paid the Otter Creek Company, and having been required by law to pay, also, the attaching creditors of that…
2Cases cited2 opinions
- Bigelow v. AndressIllinois Supreme Court · 1863
- Gregg v. SavageAppellate Court of Illinois · 1894
3Cited by7 opinions
- Barr v. WarnerOregon Supreme Court · 1900
- London Guarantee & Accident Co. v. MossnessAppellate Court of Illinois · 1903
- Scheetz v. CrabillAppellate Court of Illinois · 1944
- Armour Fertilizer Works v. SandersCourt of Appeals for the Fifth Circuit · 1933
- Armour Fertilizer Works v. SandersCourt of Appeals for the Fifth Circuit · 1933
2 more not listed; retrieve them via the Exa API.