Lord v. Babel
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Rollin S. Williamson, Judge, presiding. The appellants, Lord & Co., being creditors of G-eorge Babel, sued out of the Superior Court of Go ok county, October 25, 1883, an attachment against the latter, directed to the sheriff of that county. Babel was not found, but one F. F,. Pettit was summoned as garnishee, and return made accordingly.
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Appeal from the Superior Court of Cook county; the Hon. Rollin S. Williamson, Judge, presiding. The appellants, Lord & Co., being creditors of G-eorge Babel, sued out of the Superior Court of Go ok county, October 25, 1883, an attachment against the latter, directed to the sheriff of that county. Babel was not found, but one F. F,. Pettit was summoned as garnishee, and return made accordingly. Thereupon Lord & Co. caused another writ of attachment to be issued against said Babel as defendant, and one Adam Babel as garnishee, directed to the sheriff of Kankakee county, which was returned Oct.…
1Opinion of the CourtMcAllister, J.
The court below sustained the plea in abatement interposed by the defendant in the attachment, by overruling the plaintiffs’ demurrer thereto and turning the latter out of court, as a consequence, before they had opportunity to try the issue upon the point as to the actual ownership of assets in the hands of Pettit, a garnishee summoned in the county of Cook, that being the county in which the suit was brought.
It seems to us entirely clear, that under the provisions of section thirteen of the Attachment Act the court could not be properly ousted of jurisdiction because of the issuance of an…
2Cases cited4 opinions
- Clymore v. WilliamsIllinois Supreme Court · 1875
- Haywood v. McCroryIllinois Supreme Court · 1864
- Fuller v. LangfordIllinois Supreme Court · 1863
- Plato v. TurrillIllinois Supreme Court · 1857