Legal Opinion

Commercial National Bank v. Payne ex rel. Cunningham Sons Co.

Appellate Court of Illinois

Decided October 31, 1895PublishedCited by 4 opinions

Garnishment and Interpleader.—Appeal from the Superior Court of Cook County; The Hon. Henry V. Freeman, Judge, presiding. Heard in this court at the October term, 1895.

1Opinion of the Court

Mr. Presiding Justice Gary

delivered the opinion of the Court.

This was a garnishment of E. G- W. Beitz, as debtor of Leroy Payne, sued out by the James Cunningham Sons Company, alleged judgment creditors of Payne, in which the bank interpleaded, claiming the ownership of the claim against Beitz.

A judgment was entered in favor of Payne for the use of the company against Beitz, thus, in effect, though' not in terms, denying the claim of the bank. The appellee has moved to dismiss the appeal upon several grounds, one of which is that there is no judgment upon the interpleader from which the…

2Cases cited4 opinions

  1. Dean v. WalkerIllinois Supreme Court · 1882
  2. Harms v. McCormickIllinois Supreme Court · 1889
  3. Carpenter v. McClureSupreme Court of Vermont · 1864
  4. Glover v. WellsAppellate Court of Illinois · 1891

3Cited by4 opinions

  1. Morris v. CarrosoAppellate Court of Illinois · 1937
  2. Florida Central & Peninsular Railroad v. CarstensSupreme Court of Florida · 1904
  3. Lake Park State Bank v. Rood Bros.Supreme Court of Iowa · 1911
  4. Humphries Mercantile Co. v. BrattainSupreme Court of Colorado · 1915

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API