Smith v. Hughes
Illinois Supreme Court
It was agreed that a case between the said plaintiffs and Stephen T. Napper, should be decided, by the court, on the same state of facts. The record shows the recovery of a judgment in favor of plaintiffs in error, against the above-named John Hughes, and one S. S. Hughes, on the 9th day of July, A. D. 1858, for damages and costs, $151.71; that on the 2nd day of July, A. D. 1859, they issued execution thereon, directed to the sheriff of Jo Daviess county.
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It was agreed that a case between the said plaintiffs and Stephen T. Napper, should be decided, by the court, on the same state of facts. The record shows the recovery of a judgment in favor of plaintiffs in error, against the above-named John Hughes, and one S. S. Hughes, on the 9th day of July, A. D. 1858, for damages and costs, $151.71; that on the 2nd day of July, A. D. 1859, they issued execution thereon, directed to the sheriff of Jo Daviess county. That said execution has the following indorsements thereon: This execution came to hand for collection this 5th day of July, A. D. 1859, at…
1Opinion of the CourtWalker, J.
No rule is better settled, or more uniformly acquiesced in, than that a levy of personal property, sufficient in value to discharge the execution, is a satisfaction of the judgment. When the officer has seized property of the defendant, on execution, it is thereby appropriated by the law to its payment, and the officer is bound for its custody, and that it shall answer for the debt. To accomplish this, he has the power1 to remove the property and retain the possession, or place it in the hands of a custodian, unless the defendant shall execute a satisfactory delivery bond. And when the…
2Cited by7 opinions
- Lindley v. KelleyIndiana Supreme Court · 1873
- Hyde v. RogersWisconsin Supreme Court · 1884
- Trimble v. HuntAppellate Court of Illinois · 1912
- Baldwin v. FreydendallAppellate Court of Illinois · 1882
- Lustfield v. BallMichigan Supreme Court · 1894
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