People v. Johnson
Illinois Supreme Court
See opinion for the facts of the ease. At March term, 1852, of the Jo Daviess Circuit Court, Sheldon, Judge, presiding, the garnishee process issued upon the judgment, obtained in favor of the State, was dismissed. Johnson, who was the garnishee, was released therefrom. The people brought this case to the Supreme Court.
1Opinion of the CourtTreat, C. J.
The statute authorizes process of garnishment to issue whenever an execution is returned no property found, and an affidavit is made that the defendant has no property in possession liable to execution, and there is just reason to believe that another person is indebted to him, or has in his hands effects belonging to him. E. S. ch.'57, § 38. This provision is general, and applie’s to all judgments. It clearly embraces a judgment in favor of the State. The State has the same rights, and is entitled to the same remedies, as any other judgment creditor. In the present case, the State recovered…
2Cited by5 opinions
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