Huntington v. Metzger
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the County Court of Cook county; the Hon. Frank Scales, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the County Court of Cook county; the Hon. Frank Scales, Judge, presiding. This is an application by appellee to the county court of Cook county for a trial before a jury, under section 5 of the Insolvent act, of the question whether he was guilty of fraud, or refusal to surrender his estate, he having been arrested upon a charge of such fraud and refusal under a writ of capias ad satisfaciendum, issued upon affidavit and return of execution under a judgment in favor of appellant, in accordance with…
1Opinion of the CourtJustice Magruder
If the judgment entered by the Appellate Court was such a judgment as it was proper for that court to enter under the circumstances shown by this record, it presents the question whether the writ of capias ad satisfaciendum was improvidently issued by reason of the order of the attorneys of the judgment creditor, the appellant here, directing the sheriff to return the execution unsatisfied.
Section 62 of chapter 77 of the Revised Statutes in regard to judgments, etc., provides as follows: “If, upon the return of an execution unsatisfied in whole or in part, the judgment creditor, or his agent…
2Cases cited7 opinions
- Durand & Co. v. Gray, Kingman & CollinsIllinois Supreme Court · 1889
- Knowlton v. KnowltonIllinois Supreme Court · 1895
- First National Bank v. GageIllinois Supreme Court · 1875
- Tuttle v. WilsonIllinois Supreme Court · 1860
- Scheubert v. HonelIllinois Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hogan v. City of ChicagoIllinois Supreme Court · 1897
- Nickrans v. WilkIllinois Supreme Court · 1896
- Anderson v. HultbergAppellate Court of Illinois · 1904
- Stirlen v. JewettIllinois Supreme Court · 1897
- French v. Commercial National BankAppellate Court of Illinois · 1898
7 more not listed; retrieve them via the Exa API.