Dodge v. Mack
Illinois Supreme Court
This was a judgment by confession, upon a cognovit in vacation, December 22nd, 1858, on note for $173.69, dated November 11th, 1858, due at forty days, with exchange on New York, and ten per cent, interest. Upon this judgment, execution was issued and placed in the hands of the sheriff.
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This was a judgment by confession, upon a cognovit in vacation, December 22nd, 1858, on note for $173.69, dated November 11th, 1858, due at forty days, with exchange on New York, and ten per cent, interest. Upon this judgment, execution was issued and placed in the hands of the sheriff. A motion was filed March 29,1859, to stay proceedings, set aside levy, etc., for the following reasons, to wit: 1. There is no legal judgment to warrant the execution. 2. William Doherty departed this life before any levy had been made. 3. The goods, chattels and property levied, were in the actual possession…
1Opinion of the CourtWalker, J.
At common law, goods and chattels were bound from the teste of the writ of fieri facias, but by our statute they are only bound from the delivery of- the writ to the sheriff. The question presented by this record is, whether the death of the defendant in execution, after such delivery, and before a levy, will prevent a levy and sale on the execution. In England, and many of the States of the Union, debts due by judgment, bond, or evidenced by a writing under seal, are regarded as of a higher dignity, than debts due by simple contract, and are given a preference in payment out of the estate of…
2Cited by8 opinions
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- Markus v. Chicago Title & Trust Co.Illinois Supreme Court · 1940
- O'NEILL v. Continental Illinois Co.Appellate Court of Illinois · 1950
- Reid v. SullivanSupreme Court of Colorado · 1895
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