Cariker v. Anderson
Illinois Supreme Court
The action in this case was by attachment, in. favor of Wm. L. Anderson against Robert J. Hayes. The original writ was served on Cariker as garnishee, and the following is a copy of the return by the sheriff: “ Served on the within named Aaron Cariker, by reading the within, May 6, 1857.” Signed by the sheriff.
Read the full summary
The action in this case was by attachment, in. favor of Wm. L. Anderson against Robert J. Hayes. The original writ was served on Cariker as garnishee, and the following is a copy of the return by the sheriff: “ Served on the within named Aaron Cariker, by reading the within, May 6, 1857.” Signed by the sheriff. Judgment by default was rendered against Hayes at March term, 1858, of the Circuit Court of Montgomery county; assessment by jury, and judgment for $265.25. At the same time, the default of Cariker was entered. On the 16th of December, 1858, what is called in the record a writ of…
1Opinion of the CourtBreese, J.
Proceedings by attachment are in derogation of the common law, deriving all their validity from statutes, and must, in all essential particulars, conform to their requirements. It is objected here, that there was no conditional judgment against the garnishee—that a term of court intervened between the first default against the garnishee and issuing the writ of scire facias—that there was no sufficient publication of notice of the pendency of the suit—that the officer does not show, in his return of the writ of attachment, that he was unable to find property of the defendant sufficient to…
2Cases cited2 opinions
- Gillilan v. NixonIllinois Supreme Court · 1861
- Bancroft v. SpeerIllinois Supreme Court · 1860
3Cited by22 opinions
- Haywood v. CollinsIllinois Supreme Court · 1871
- Cummings v. PeopleIllinois Supreme Court · 1869
- Dennison v. BlumenthalAppellate Court of Illinois · 1890
- Graves v. MacfarlandNebraska Supreme Court · 1899
- Cohn v. MaloAppellate Court of Illinois · 1916
17 more not listed; retrieve them via the Exa API.