Paltzer v. National Bank
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This is an appeal, coming through the Appellate Court, from an order of the Superior Court of Cook county, distributing certain funds in the hands of the sheriff of that county.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This is an appeal, coming through the Appellate Court, from an order of the Superior Court of Cook county, distributing certain funds in the hands of the sheriff of that county. The facts, as shown by the record, are as follows: On the 25th and 26th days of June, 1890, judgments were entered by confession against James B. and Spencer J. Johnson, in said court, as follows: One in favor of Frank V. Gage, for $5,940.50;…
1Opinion of the CourtJustice Wilkin
Upon the facts stated, the only question for our decision is, was defendant in error, the National Bank of Illinois, entitled to the fund in the hands of the sheriff, to the exclusion of plaintiffs in error, or had the latter a prior right thereto to the extent of their judgment.
Plaintiffs in error base their claim to the fund upon section 37 of the Attachment act. [S. & C., vol. 1, page 325.] That section, so far as needed for the purposes of this decision, is as follows: “All judgments in attachment against the same defendant, returnable at the same term, and all judgments in suits by…
2Cases cited2 opinions
- Reeve v. SmithIllinois Supreme Court · 1885
- Rucker v. FullerIllinois Supreme Court · 1849
3Cited by4 opinions
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- State Finance Co. v. TrimbleNorth Dakota Supreme Court · 1907
- People ex rel. Morey v. Atchison, Topeka & Santa Fe Railway Co.Illinois Supreme Court · 1903
- Franklin MacVeagh & Co. v. F. E. Roysten & Co.Illinois Supreme Court · 1898