Legal Opinion

Danforth Manufacturing Co. v. M. L. Barrett & Co.

Appellate Court of Illinois

Decided December 24, 1907No. Gen. No. 18,546PublishedCited by 1 opinion

Action commenced before justice of the peace. Appeal from the County Court of Cook county; the Hon. Lewis Rinakeb, Judge, presiding.

1Opinion of the CourtJustice Smith

It is admitted in argument by appellant that it is proper for a trial court to enter a judgment against a defendant with a perpetual stay of execution in order that the plaintiff in said judgment may enforce the same against the sureties on a bond given upon an attachment levied more than four months prior to the bankruptcy of the defendant, as held in Hill v. Harding, 116 Ill. 92, and Hill v. Harding, 130 U. S. 699. But it is contended on the authority of Goyer v. Jones, 79 Miss. 253, that this rule should not be applied where the plaintiff or claimant has acquired no lien under his…

2Cases cited7 opinions

  1. Hill v. HardingSupreme Court of the United States · 1889
  2. Phillips v. SolomonSupreme Court of Georgia · 1871
  3. Bowman v. Venice & Carondelet Railway Co.Illinois Supreme Court · 1882
  4. Knapp v. . AndersonNew York Court of Appeals · 1877
  5. Goyer Co. v. JonesMississippi Supreme Court · 1901

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3Cited by1 opinion

  1. Tormey v. MillerCalifornia Court of Appeal · 1916

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