Samuel v. Agnew
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This proceeding was instituted by appellant against appellee, as sheriff of Cook county, for the purpose of having him attached, and punished for contempt, in not selling certain goods and chattels, in his hands, levied upon by an attachment and special execution.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This proceeding was instituted by appellant against appellee, as sheriff of Cook county, for the purpose of having him attached, and punished for contempt, in not selling certain goods and chattels, in his hands, levied upon by an attachment and special execution. A rule to show cause was entered and served upon appellee, who, in return thereto, showed that the goods and chattels, so levied upon, had not been sold, hut had been delivered up to the coroner of Cook county, on a writ of replevin issued out…
1Opinion of the CourtJustice Scholfield
The question first arising on this record is, does a judgment vm rem in attachment, where goods belonging to a person other than the defendant in attachment, and upon which there is no express prior lien in favor of the attaching creditor, have been seized by the sheriff, give the sheriff the right to hold the goods against the owner; or, in other words, convert what was before a tortious possession, into a lawful one ?
Counsel for appellant insist this court, in Bliss et al. v. Heasty et al. 61 Ill. 338, recognizes the doctrine that the judgment, in such cases, is conclusive, where the goods…
2Cases cited8 opinions
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Jones v. AlbeeIllinois Supreme Court · 1873
- Clark v. SkinnerNew York Supreme Court · 1823
- Marcy v. KinneySupreme Court of Connecticut · 1832
- Bliss v. HeastyIllinois Supreme Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lancashire Insurance v. CorbettsIllinois Supreme Court · 1897
- Juilliard v. MayIllinois Supreme Court · 1889
- Berz v. MecartneyAppellate Court of Illinois · 1904
- People Ex Rel. Donovan v. SweitzerIllinois Supreme Court · 1928
- Sheldon v. HintonAppellate Court of Illinois · 1880
4 more not listed; retrieve them via the Exa API.