Legal Opinion

London Guarantee & Accident Co. v. Mossness

Appellate Court of Illinois

Decided July 17, 1903PublishedCited by 1 opinion

Garnishment.—Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902.

1Opinion of the CourtJustice Stein

It is argued for appellants that under the above cited section of the bankruptcy act the justice’s judgment against them is null and void because Mossness went into bankruptcy within four months after its rendition. So it would be, if it were a judgment against Mossness and not against them. Nor was there any lien obtained against him within the meaning of the act. The fact that the judgment when enforced would diminish the assets of the bankrupt and operate as a preference against his general creditors was not sufficient to make it a lien.

Under the uniform decisions of the Supreme Court a…

2Cases cited6 opinions

  1. Webster v. SteeleIllinois Supreme Court · 1874
  2. Bigelow v. AndressIllinois Supreme Court · 1863
  3. Stahl v. WebsterIllinois Supreme Court · 1850
  4. McElwee v. Wilce ex rel. HillAppellate Court of Illinois · 1899
  5. Farrell v. PearsonIllinois Supreme Court · 1861

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3Cited by1 opinion

  1. Saunders v. HarrisNorth Dakota Supreme Court · 1912

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