McConnell v. People ex rel. Purvines
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. Charles S. Zane, Judge, presiding. This was an action of debt, brought by Purvines, upon the official bond of Andrew B. McConnell, as sheriff of Sangamon county. The sheriff sold certain chattel property of Purvines under a chattel mortgage given by Purvines to John Champion, dated Sept. 16,1872, and under an execution against Purvines? in favor of M. A. Cartwright.
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Appeal from the Circuit Court of Sangamon county; the Hon. Charles S. Zane, Judge, presiding. This was an action of debt, brought by Purvines, upon the official bond of Andrew B. McConnell, as sheriff of Sangamon county. The sheriff sold certain chattel property of Purvines under a chattel mortgage given by Purvines to John Champion, dated Sept. 16,1872, and under an execution against Purvines? in favor of M. A. Cartwright. In selling under the chattel mortgage, the sheriff acted as the agent of M. A. Cartwright, who had bought the mortgage, the mortgage debt being due and the condition of…
1Opinion of the CourtJustice Soholfield
So far as the case now before us differs from what it was when it was here before, (McConnell et al. v. The People, for use of Purvines, 71 Ill. 481,) it is in favor of the appellants.
The suit is for the balance collected on execution, after satisfying the amount due thereon. The evidence shows, that after satisfying one other execution and fee bill, (which were entitled to priority, and about which there is no controversy,) out of the amount collected on the execution, there was no balance to which Purvines could be entitled. The return of the execution, as amended, shows this. But, assuming…
2Cases cited2 opinions
- Simmons v. JenkinsIllinois Supreme Court · 1875
- McConnell v. PeopleIllinois Supreme Court · 1874
3Cited by11 opinions
- Campbell v. WheelerSupreme Court of Iowa · 1886
- First National Bank v. WilburSupreme Court of Colorado · 1891
- Frankenthal v. MayerAppellate Court of Illinois · 1894
- Callagan v. American Trust & Savings BankAppellate Court of Illinois · 1915
- Aultman-Taylor Machinery Co. v. ForrestSupreme Court of Colorado · 1917
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