Bonnell v. Neely
Illinois Supreme Court
Writ of Error to the Circuit Court of Jersey county; the Hon. David M. Woodson, Judge, presiding. This was a proceeding instituted in the court below, by Joshua Neely, the appellee, under the forty-sixth section of the practice act of 1845, asking for an order to stay an execution issued on a judgment in favor of David T. Bonnell, the appellant, against one Philip English.
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Writ of Error to the Circuit Court of Jersey county; the Hon. David M. Woodson, Judge, presiding. This was a proceeding instituted in the court below, by Joshua Neely, the appellee, under the forty-sixth section of the practice act of 1845, asking for an order to stay an execution issued on a judgment in favor of David T. Bonnell, the appellant, against one Philip English. The single question presented by the record is, whether the statute authorizing this summary remedy, can be resorted to by a person who is not a party to the proceedings sought to be quashed. The facts in the case are fully…
1Opinion of the CourtJustice Lawrence
Neely, the appellee, was the purchaser of certain real estate under a decree foreclosing a mortgage executed by one English. Bonnell, the appellant, obtained a judgment against English subsequent to the mortgage. An execution was issued on the judgment, and levied on the mortgaged premises, on the 4th of March, 1864, and on the 14th of May, 1864, they were sold to Bonnell. This sale was set aside at the April Term, 1866, as irregular, and a vend. exp. was issued directing the sheriff to sell the lands hitherto levied upon. Under the venditioni the sheriff proceeded to sell, on the 2d day of…
2Cited by4 opinions
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Holmes v. FanyoAppellate Court of Illinois · 1945
- Bauman v. SchoaffAppellate Court of Illinois · 1947
- Canty v. KelleyAppellate Court of Illinois · 1910