Grace v. Casey-Grimshaw Marble Co.
Appellate Court of Illinois
Garnishee Proceedings.—Appeal from the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. Appellee, a citizen of Illinois, sued the Oasey-Grimshaw Marble Company, a corporation of Missouri, by attachment for $572.28. William Grace and Frank D. Hyde, copartners as Grace & Hyde, in Chicago, were summoned as garnishees, the service being on Hyde only.
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Garnishee Proceedings.—Appeal from the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. Appellee, a citizen of Illinois, sued the Oasey-Grimshaw Marble Company, a corporation of Missouri, by attachment for $572.28. William Grace and Frank D. Hyde, copartners as Grace & Hyde, in Chicago, were summoned as garnishees, the service being on Hyde only. He answered under oath, that at the time of the service the “ firm of Grace & Hyde Ivas indebted to the defendant exceeding $1,000.” Service by…
1Opinion of the CourtJustice Waterman
Judgment was entered against William Grace, a garnishee, without his appearance, or service of any kind upon him. He afterward appeared and asked to have this judgment set aside, which motion the court overruled.
The judgment against Grace was void for want of jurisdiction over him, had service previously been had upon him, and he failed to appear or answer; a conditional judgment should have preceded a final judgment against him. Sec. 3 of Chap. 62, R. S.; Carter v. Lockwood, 15 Ill. App. 73; Carriker v. Anderson, 27 Ill. 358.
The void judgment against Grace was not validated by his motion to…
2Cases cited4 opinions
- Cariker v. AndersonIllinois Supreme Court · 1862
- Williams v. ChalfantIllinois Supreme Court · 1876
- Carter v. LockwoodAppellate Court of Illinois · 1884
- Cooper v. McNeil & Higgins Co.Appellate Court of Illinois · 1891
3Cited by6 opinions
- Sherburne v. HydeIllinois Supreme Court · 1900
- Scalise v. ZarateAppellate Court of Illinois · 1999
- Sherman v. GreenAppellate Court of Illinois · 1909
- Hyde v. Casey-Grimshaw Marble Co. ex rel. SherburneAppellate Court of Illinois · 1899
- Hutchinson v. SineAppellate Court of Illinois · 1903
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