Illinois Central Railroad v. Cobb
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the H011. Erastus S. Williams, Judge, presiding. This was a suit in attachment, commenced in the court below, against the appellees, Oliver P. Cobb, James W. Christy and John Cobb, by Harry B. Bates and others, with a summons against the appellant, as garnishee.
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Appeal from the Circuit Court of Cook county; the H011. Erastus S. Williams, Judge, presiding. This was a suit in attachment, commenced in the court below, against the appellees, Oliver P. Cobb, James W. Christy and John Cobb, by Harry B. Bates and others, with a summons against the appellant, as garnishee. A trial was had before the court, at the March term, 1868, and judgment rendered against appellant for $1,504.93. A motion for a new trial was made and overruled, and the case is now brought to this court by appeal. The further facts in the case are stated in the opinion.
1Opinion of the Court
Hr. Chief Justice Bbeese
delivered the opinion of the Court:
The question presented by this record is one of the first impression in this court, and of general interest.
The question is, can a railway company be held liable to judgment on the process of garnishment, merely on the ground that it may have had property in transitu on its route, consigned to one who may be a debtor at the time of issuing and serving the writ ? Ho case has been cited by appellees in which such a proceeding has been sustained, and in the absence of precedent we should be strongly inclined to hold that companies were…
2Cited by16 opinions
- Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Michigan Central Railroad v. Chicago & Michigan Lake Shore RailroadAppellate Court of Illinois · 1878
- Morris v. BeattyIllinois Supreme Court · 1945
- Stevenot v. Eastern Railway Co.Supreme Court of Minnesota · 1895
- Landa v. Holck & Co.Supreme Court of Missouri · 1895
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