Scheubert v. Honel
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. William G. Ewing, Judg'e, presiding. A judgment by confession, under a warrant of attorney, was entered in favor of appellant, against appellee Eman F. Honel, and on the same day execution was issued thereon, which execution was on the same day returned by the sheriff, by direction of plaintiff’s (appellant’s) attorney.
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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. William G. Ewing, Judg'e, presiding. A judgment by confession, under a warrant of attorney, was entered in favor of appellant, against appellee Eman F. Honel, and on the same day execution was issued thereon, which execution was on the same day returned by the sheriff, by direction of plaintiff’s (appellant’s) attorney. The direction and the return appeared on the back of the execution, and are as follows : “The sheriff will return this writ no property found…
1Opinion of the CourtJustice Baker
We are disposed to concur with the reasoning of the Appellate Court in its opinion filed in this case, that appellant’s bill was properly dismissed for the reason that there had been no exhausting of his remedy at law by the issuance of an execution and a proper return thereof by the sheriff. It has been the uniform doctrine of this court that, as we said in Russell v. Chicago Trust and Savings Bank., 139 Ill. 538, in order to entitle the complainant in a creditor’s bill to a decree, it must appear that he has “exhausted his legal remedies by obtaining judgment, suing out execution, having…
2Cases cited2 opinions
- Durand & Co. v. Gray, Kingman & CollinsIllinois Supreme Court · 1889
- Russell v. Chicago Trust & Savings BankIllinois Supreme Court · 1891
3Cited by10 opinions
- Huntington v. MetzgerIllinois Supreme Court · 1895
- Stirlen v. JewettIllinois Supreme Court · 1897
- Wojtas v. RachelAppellate Court of Illinois · 1932
- Pecos Irrigation & Improvement Co. v. Olson ex rel. MonthanAppellate Court of Illinois · 1896
- French v. Commercial National BankIllinois Supreme Court · 1902
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