Commerce Vault Co. v. Barrett
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. O. Brown, Judge, presiding. This is a suit in garnishment, brought in the circuit court of Cook county by Commerce Vault Company for the use of Benjamin McWilliams, the appellant, against Thomas E. Barrett, sheriff of Cook county, the appellee. Written interrogatories were filed, which the garnishee answered.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. O. Brown, Judge, presiding. This is a suit in garnishment, brought in the circuit court of Cook county by Commerce Vault Company for the use of Benjamin McWilliams, the appellant, against Thomas E. Barrett, sheriff of Cook county, the appellee. Written interrogatories were filed, which the garnishee answered. Exceptions were taken to the answer and were overruled by the court. The garnishee was discharged and judgment was rendered against the…
1Opinion of the CourtChief Justice Scott
On August 22, 1902, when the foreclosure sale was made of the leasehold interest of the Commerce Vault Company, the only interest which remained in the company was the .right to redeem from the sale at. any time within twelve months and to continue in possession for a period of fifteen months. This right was not such an interest as to be subject to levy and sale under execution. (Merry v. Bostwick, 13 Ill. 398; Watson v. Reissig, 24 id. 281; Cook v. City of Chicago, 57 id. 268; Kell v. Worden, 110 id. 310; Hill v. Blackwelder, 113 id. 283.) Consequently, no lien could attach to the leasehold…
2Cases cited10 opinions
- Pierce v. CarletonIllinois Supreme Court · 1851
- Marsteller v. FawU.S. Circuit Court for the District of District of Columbia · 1803
- Green v. MarksIllinois Supreme Court · 1860
- Crawford v. SchmitzIllinois Supreme Court · 1891
- Weaver v. DavisIllinois Supreme Court · 1868
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3Cited by9 opinions
- Donald L. Asher and Garrett Vandenburgh v. United StatesCourt of Appeals for the Seventh Circuit · 1978
- In Re Marriage of RochfordAppellate Court of Illinois · 1980
- Anderson v. PattyAppellate Court of Illinois · 1912
- Heinroth v. FrostIllinois Supreme Court · 1911
- Level v. GoosmanIllinois Supreme Court · 1918
4 more not listed; retrieve them via the Exa API.