Manowsky v. Conroy
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Kibk Hawes, Judge, presiding. Judgment was rendered in the Superior Court of Cook County for $335.12 and costs, in favor of Edward Otto and against Gustave Manowsky; execution was issued and returned by the sheriff, no property found.
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Appeal from the Superior Court of Cook County; the Hon. Kibk Hawes, Judge, presiding. Judgment was rendered in the Superior Court of Cook County for $335.12 and costs, in favor of Edward Otto and against Gustave Manowsky; execution was issued and returned by the sheriff, no property found. Otto then filed an affidavit for garnishment, and appellee was served with summons, as garnishee, and interrogatories being filed, he answered that there was a written contract between himself and Manowsky, by the terms of which Manowsky agreed to build for him a house to cost $1,300; that the price was to…
1Opinion of the CourtGarnett, P. J.
The only question presented is, on whom was the burden of proof? The court below, in its instruction to the jury, assumed that the answer of the garnishee was to be taken as true, in the absence of proof. That the ruling was sound, is attested by a series of decisions in this State, which must control the action of this court. Kergin v. Dawson, 1 Gilman, 86; Ill. Central R. R. Co. v. Cobb, 48 Ill. 402; C. & St. L. R. R. Co. v. Killenberg, 82 Ill. 295; C. & St. L. R. R. Co. v. Hindman, 85 Ill. 521.
The traverse of the answer did not relieve the execution creditor of the duty of ¡moving what the…
2Cases cited3 opinions
- Illinois Central Railroad v. CobbIllinois Supreme Court · 1868
- Cairo & St. Louis Railroad v. Hindman, Michælis & Co.Illinois Supreme Court · 1877
- Cairo & St. Louis Railroad v. KillenbergIllinois Supreme Court · 1876
3Cited by5 opinions
- Ancateau ex rel. Trust Co. of Chicago v. Commercial Casualty InsuranceAppellate Court of Illinois · 1943
- Morris v. BeattyIllinois Supreme Court · 1945
- Vinson v. RoscoeAppellate Court of Illinois · 1971
- Harris v. MontagAppellate Court of Illinois · 1927
- Kosiba v. GalinskiAppellate Court of Illinois · 1912