Bear v. Hays
Illinois Supreme Court
Writ of Error to the Circuit Court of Macon county; the Hon. C. Emerson, Judge, presiding. William Hays having obtained a judgment against one Eleanor Adams and W. B. Aaron, issued an execution thereon, which was returned nulla bona, whereupon he filed an affidavit, stating his belief that John W. Bear was indebted to Eleanor Adams, and caused him to be summoned as garnishee. The summons was duly served on Bear, and returned.
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Writ of Error to the Circuit Court of Macon county; the Hon. C. Emerson, Judge, presiding. William Hays having obtained a judgment against one Eleanor Adams and W. B. Aaron, issued an execution thereon, which was returned nulla bona, whereupon he filed an affidavit, stating his belief that John W. Bear was indebted to Eleanor Adams, and caused him to be summoned as garnishee. The summons was duly served on Bear, and returned. On the affidavit of the clerk of the court, that the summons had no revenue stamp, a motion was made to quash the writ, which motion the court overruled. It appears that…
1Opinion of the CourtJustice Breese
We are of opinion that process against a garnishee, in aid of a suit at law, wherein an execution has been returned “ nulla Iona," is not original process, and therefore, under the excise law, was not required to be stamped. Mich. Central R. R. v. Keohane, 31 Ill. 147.
Upon the other point, dismissing the interpleader of Susan-nah Adams, we see no error. Her claim is not embraced in the act of eighteen hundred and sixty-one, to protect married women in their separate property. That act applies only to property real and personal, and the rents, issues, increase and profits thereof, but not to…
2Cited by8 opinions
- Plummer v. TrostSupreme Court of Missouri · 1884
- Bowman v. AshIllinois Supreme Court · 1891
- Nesbitt v. DickoverAppellate Court of Illinois · 1886
- Wieboldt Stores, Inc. v. SturdyIllinois Supreme Court · 1943
- Senelick v. MannAppellate Court of Illinois · 1926
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