Edwards v. Rodgers
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Mubbay F. Tuley, Judge, presiding. On the 31st day of July, 1890, appellee filed in the Circuit Court his creditor’s bill against appellants and others, setting forth the recovery of a judgment by him against Mrs. 3ST. A. Boyd, now Mrs. H. A. Edwards, the issue of execution and return thereon by the sheriff of demand on the judgment debtor, her failure to satisfy the same, and that he, the sheriff, was unable to find any…
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Appeal from the Circuit Court of Cook County; the Hon. Mubbay F. Tuley, Judge, presiding. On the 31st day of July, 1890, appellee filed in the Circuit Court his creditor’s bill against appellants and others, setting forth the recovery of a judgment by him against Mrs. 3ST. A. Boyd, now Mrs. H. A. Edwards, the issue of execution and return thereon by the sheriff of demand on the judgment debtor, her failure to satisfy the same, and that he, the sheriff, was unable to find any property with which to satisfy the same. The bill also upon information and belief set forth that Mrs. Boyd had been…
1Opinion of the CourtWaterman, P. J.
It is urged that the bill being upon information and belief only, and the answers denying positively the ownership of any property such as was pointed out, no equitable ground is shown for the appointment of a receiver. Judgment having been obtained and an execution having been returned unsatisfied, appellee was entitled to whatever relief he could obtain by filing a creditor’s bill. Revised Statutes, Chap. 22, Sec. 49.
It can not be seriously contended that having this right to file his bill, he is not entitled to support the same, if he can by proof, and to have a hearing thereon; in other…
2Cases cited4 opinions
- Bloodgood v. ClarkNew York Court of Chancery · 1834
- Turnbull v. Prentiss Lumber Co.Michigan Supreme Court · 1884
- The St. Louis & Sandoval Coal & Mining Co. v. Sandoval Coal & Mining Co.Illinois Supreme Court · 1884
- Lutt v. GrimontAppellate Court of Illinois · 1885
3Cited by6 opinions
- Berkson v. PeopleAppellate Court of Illinois · 1893
- Pittsburgh Equitable Meter Co. v. Paul C. Loeber & Co.Court of Appeals for the Seventh Circuit · 1947
- National Plumbing & Heating Supply Co. v. Illinois Wood Preserving Co.Appellate Court of Illinois · 1925
- Gerson v. DeTurckAppellate Court of Illinois · 1899
- Harding v. KuessnerAppellate Court of Illinois · 1899
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