Hughes v. Streeter
Illinois Supreme Court
Hughes filed his motion, supported by affidavit, in the Cook Circuit Court, to quash an execution issued on a judgment obtained by Streeter against him, on the 16th day of August, 1859, for six hundred and sixteen ninety-two one-hundredths dollars and costs, and to maintain his motion offered the following pieces of evidence: A written notice of this motion—a copy of which was served on defendant’s attorney, 3rd Sept., 1859. An execution in favor of defendant and against the…
Read the full summary
Hughes filed his motion, supported by affidavit, in the Cook Circuit Court, to quash an execution issued on a judgment obtained by Streeter against him, on the 16th day of August, 1859, for six hundred and sixteen ninety-two one-hundredths dollars and costs, and to maintain his motion offered the following pieces of evidence: A written notice of this motion—a copy of which was served on defendant’s attorney, 3rd Sept., 1859. An execution in favor of defendant and against the plaintiff, for the sum of $618.92 and costs, issued out of this court, upon said judgment, and bearing date the 5th day…
1Opinion of the CourtWalker, J.
The rule has been uniform both in this country and Great Britain, that after a satisfaction of a judgment by the sale of property, no further execution can issue upon the judgment, until the satisfaction is vacated, the levy and sale set aside, and an execution awarded by an order of the court in which the judgment was rendered. No case has been referred to, and none is believed to exist, in which a clerk has ever before issued an execution on a judgment thus satisfied. And it is for the plain and manifest reason, that his duties are only ministerial, while the setting aside a levy, or a…
2Cases cited1 opinion
- Bosworth v. BrandCourt of Appeals of Kentucky · 1833
3Cited by13 opinions
- McCormick v. Wheeler, Mellick & Co.Illinois Supreme Court · 1864
- Mooney v. CooledgeSupreme Court of Arkansas · 1875
- Haskins v. HaskinsIllinois Supreme Court · 1873
- Schaumtœffel v. BelmIllinois Supreme Court · 1875
- First National Bank v. RogersSupreme Court of Minnesota · 1875
8 more not listed; retrieve them via the Exa API.