Brown v. Gary
Appellate Court of Illinois
In error to the Superior Court of Cook County; the Hon. Kirk Hawes, Judge, presiding. On February 16, 1888, E. A. Barnes began garnishment proceedings in the Superior Court of Cook County against George A. Gary, garnishee, on a judgment which he had obtained by confession against Margaret Austin and P. L. Austin, upon the same day.
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In error to the Superior Court of Cook County; the Hon. Kirk Hawes, Judge, presiding. On February 16, 1888, E. A. Barnes began garnishment proceedings in the Superior Court of Cook County against George A. Gary, garnishee, on a judgment which he had obtained by confession against Margaret Austin and P. L. Austin, upon the same day. The garnishee, George A. Gary, filed an answer stating that he held, among other things, a note-for 1806.71 signed by one James Maguire and secured by mortgage on real estate in Tuscola county, Michigan; that said note was payable to the, order of and belonging to…
1Opinion of the CourtWaterman, P. J.
As the case stood when this order was made, the Superior Court had lost control over the fund which it had once had in its custody.
Barnes, Gary, and the appellant Brown, had each been before the court asserting a right to all or some portion of the fund.
In some way, as was asserted, without the consent of any of the parties, the Maguire note and mortgage had been surrendered, and the money received thereon had been paid into a court of the State of Michigan. It appeared that after disposing of the principal portion of the fund, the Michigan court had held the remainder with a view to ordering…
2Cases cited1 opinion
- Gary v. BrownAppellate Court of Illinois · 1889