First National Bank v. Hanchett
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. Joseph E. Gary, Judge, presiding. This was an action on the case, against Seth F. Ilanchett, sheriff, for misconduct and negligence in and about the service of a writ of attachment in plaintiff’s favor.
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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. Joseph E. Gary, Judge, presiding. This was an action on the case, against Seth F. Ilanchett, sheriff, for misconduct and negligence in and about the service of a writ of attachment in plaintiff’s favor. The first count avers, that after attaching-a large amount of personal property on the writ of attachment in his hands, the sheriff wrongfully surrendered the same, and returned falsely that he had done so by the authority of the plaintiff. The second count…
1Opinion of the CourtChief Justice Sheldon
Two questions are made upon the record in- this case: First, whether the sheriff could lawfully levy upon chattels held by the Garden City Warehouse Company as bailee, for the purpose of attaching the lien or interest which the company had in the chattels for storage charges; second, although such levy could not lawfully be made, yet as the sheriff did make the levy and did collect the storage charges on the property, whether the money so collected was not thereby attached, or was not then subject to attachment as the property of the Garden City Warehouse Company.
We shall pass by the first…
2Cases cited4 opinions
- Hannibal & St. Joseph Railroad v. CraneIllinois Supreme Court · 1882
- Pierce v. CarletonIllinois Supreme Court · 1851
- Williams v. RogersNew York Supreme Court · 1809
- Wheeler v. SmithNew York Supreme Court · 1851
3Cited by3 opinions
- Union National Bank v. ByramIllinois Supreme Court · 1889
- Commerce Vault Co. v. BarrettIllinois Supreme Court · 1906
- Alexander ex rel. Tobey Furniture Co. v. Live Stock National BankAppellate Court of Illinois · 1935