Williams v. Vanmetre
Illinois Supreme Court
ERROR TO COLES. This was a suit in the Coles Circuit Court, commenced by attachment, at the instance of Vanmetre, the defendant in error, against one John TV. Hankins, in which the plaintiff in error, John Williams, was summoned as garnishee. The writ is without a seal.
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ERROR TO COLES. This was a suit in the Coles Circuit Court, commenced by attachment, at the instance of Vanmetre, the defendant in error, against one John TV. Hankins, in which the plaintiff in error, John Williams, was summoned as garnishee. The writ is without a seal. Affidavit was filed, alleging indebtedness of one hundred and thirty-seven dollars and fifty cents, and how due from Hankins to Vanmetre, that Hankins had departed this State with the intention of removing his effects and personal property therefrom. Bond was filed according to law. Whereupon the writ of attachment issued,…
1Opinion of the CourtCaton, C. J.
This record seems to be beset with errors from beginning to end, a bare statement of which will be sufficient.
In the first place, it does not appear that the seal of the court was attached to the writ, for which reason it was void.
Again, one Henry interpleaded, showing that the property attached was his, and that it did not belong to the defendant in attachment. This interpleader remains unanswered, and hence must be taken to be true.
And, finally, a judgment was rendered against Williams, the garnishee, without the filing of any interrogatories for him to answer, or the renderings of any…
2Cited by9 opinions
- Juilliard v. MayIllinois Supreme Court · 1889
- Choate v. SpencerMontana Supreme Court · 1893
- City Insurance v. Commercial BankIllinois Supreme Court · 1873
- State v. DavisIndiana Supreme Court · 1881
- Chicago Catholic Workers' Credit Union v. RosenbergAppellate Court of Illinois · 1952
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