Moriarty v. Galt
Appellate Court of Illinois
Appeal from the Circuit Court of Whiteside County; the Hon. William Bbowh, Judge, presiding. This was a bill in chancery filed by appellee against Thomas S. Beach as Sheriff and Michael Moriarty.
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Appeal from the Circuit Court of Whiteside County; the Hon. William Bbowh, Judge, presiding. This was a bill in chancery filed by appellee against Thomas S. Beach as Sheriff and Michael Moriarty. The hill alleges that Michael Moriarty obtained a judgment against William Mooney at the June term, 1878, of the Whiteside Circuit Court, and that he caused an execution to issue thereon July 1, 1878, which was returned by the Sheriff of said county with the indorsement “no property found;” that on February 23, 1883, Moriarty caused an alias execution to issue on said judgment and placed the same in…
1Per curiam
The exceptions of counsel for the appellee to the master’s report, are substantially based upon two propositions: 1st. That this being an injunction against the collection of a judgment, the statutory maximum of ten per cent, damages can not be exceeded. 2d. That the damages alleged and attempted to be proved and reported by the master are solely in reference to legal services rendered in defense of the suit, and not damages occasioned by the injunction.
It is contended by counsel for the appellant that this was not a bill to enjoin a judgment. Sec. 7, Chap. 69, R. S.: “ Only so much of any…
2Cases cited7 opinions
- Blair v. ReadingIllinois Supreme Court · 1881
- Roberts v. FahsIllinois Supreme Court · 1864
- Gerard v. GateauAppellate Court of Illinois · 1884
- Herrick v. SwartwoutIllinois Supreme Court · 1874
- Wilson v. HækerIllinois Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bransky v. LebowAppellate Court of Illinois · 1938