Legal Opinion

Williams v. West Chicago St. R. R.

Appellate Court of Illinois

Decided March 18, 1902Published

Garnishee Proceedings. —Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. Statement.—This is an appeal from a judgment rendered in favor of appellees in a garnishment proceeding brought in the name of John and William Oliver as garnishors against the appellees respectively, as garnishees.

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Garnishee Proceedings. —Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. Statement.—This is an appeal from a judgment rendered in favor of appellees in a garnishment proceeding brought in the name of John and William Oliver as garnishors against the appellees respectively, as garnishees. Said John and William Oliver in July, 1895, recovered in the Circuit Court 'of Cook County a judgment against Samuel Williams, the nominal appellant herein, for $1,814.88, upon which execution was issued…

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

It is first contended by the attorney for appellants that the assignment of the judgment against the street railroad company from Samuel Williams to R. M. Wing is absolutely void; upon the alleged ground that having been executed and delivered before the judgment was actually entered, there was nothing to which it could then attach; that it assigned a judgment which had no existence. But as between the parties, the assignment of the judgment must be regarded as a valid agreement. It was not an assignment of a mere claim against…

2Cases cited5 opinions

  1. Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
  2. Crum v. SawyerIllinois Supreme Court · 1890
  3. Sheldon v. HintonAppellate Court of Illinois · 1880
  4. Horn v. BoothAppellate Court of Illinois · 1887
  5. Williams v. West Chicago St. R. R.Appellate Court of Illinois · 1899

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