Lutt v. Grimont
Appellate Court of Illinois
Error to the City Court of East St. Louis; the Hon. William P. Laubtz, Judge, presiding. August 16,1883, John B. Grrimont filed bis bill in the court below, setting forth that one ¡Nicholas Spannagel had been indebted to him for fifteen years prior to filing his bill, and that on the 10th of August, the complainant had obtained a judgment upon such indebtedness against said ¡Nicholas; that execution, had issued thereon and been returned nulla bona, the judgment still…
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Error to the City Court of East St. Louis; the Hon. William P. Laubtz, Judge, presiding. August 16,1883, John B. Grrimont filed bis bill in the court below, setting forth that one ¡Nicholas Spannagel had been indebted to him for fifteen years prior to filing his bill, and that on the 10th of August, the complainant had obtained a judgment upon such indebtedness against said ¡Nicholas; that execution, had issued thereon and been returned nulla bona, the judgment still remaining in full force. That the said ¡Nicholas, in 1871, formed a copartnership with plaintiff in error under the firm name…
1Opinion of the CourtPillsbury, P. J.
The errors assigned upon the record, question the jurisdiction of the court below in three particulars :
1st. In making the order appointing a receiver.
2d. In making the order of April 14, 1884, requiring Lutt to pay over the money to the receiver.
3d. In making the order of May 8, 1885, adjudging Lutt in contempt and committing him to jail.
It is urged in support of the first point that the bill is insufficient upon its face to authorize the appointment of a receiver, and especially should this not be done where, as in this case, the answer denies the equities of the bill.
Our statutes, § 49,…
2Cases cited8 opinions
- Bloodgood v. ClarkNew York Court of Chancery · 1834
- Hearson v. GraudineIllinois Supreme Court · 1877
- National Insurance v. Chamber of CommerceIllinois Supreme Court · 1873
- Hibbard v. MuellerIllinois Supreme Court · 1877
- Gage v. SmithIllinois Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State Ex Rel. Hewson v. HewsonOregon Supreme Court · 1929
- Edwards v. RodgersAppellate Court of Illinois · 1891
- State v. DowningOregon Supreme Court · 1901