Fusze v. Stern
Appellate Court of Illinois
Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. “ This is a bill in equity filed by Louis Fusze and Mathias Backer, as late partners, against Christian Stern, Mary A. Stern and ¡Nicholas Staub, defendants, the material averments being that complainants recovered a judgment in the St. Clair Circuit Court on the 18th day of April, 1885, against Frederick Backer and Christian Stern, late partners, for the sum of §33,050.79; that…
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Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. “ This is a bill in equity filed by Louis Fusze and Mathias Backer, as late partners, against Christian Stern, Mary A. Stern and ¡Nicholas Staub, defendants, the material averments being that complainants recovered a judgment in the St. Clair Circuit Court on the 18th day of April, 1885, against Frederick Backer and Christian Stern, late partners, for the sum of §33,050.79; that in said suit an attachment writ was issued against Stern, upon an affidavit averring a fraudulent assignment of his…
1Opinion of the Court
Pillsbury P. J.
The only point made in support of the decree of the court below in dismissing the bill is, that as it is averred that a special execution was still in the hands of the sheriff at the time of exhibiting the bill, the court had no jurisdiction of the cause in equity, as it did not appear complainants had exhausted their legal remedy. An examination of the bill discloses that two grounds are relied upon for equitable relief ; first, that the fraudulent conveyance to Stanb of the real estate, is an obstacle to the free and unobstructed right of the complainants to expose the real…
2Cases cited2 opinions
- Weightman v. HatchIllinois Supreme Court · 1855
- Gooch v. GreenIllinois Supreme Court · 1882
3Cited by5 opinions
- Flint v. ChaloupkaNebraska Supreme Court · 1904
- State Bank v. BelkNebraska Supreme Court · 1903
- First National Bank v. ChapmanAppellate Court of Illinois · 1898
- Binnie v. WalkerAppellate Court of Illinois · 1887
- Siravo v. SalzilloSuperior Court of Rhode Island · 1926