Metz v. McAvoy Brewing Co.
Appellate Court of Illinois
Creditor’s Bill. — Appeal from the Circuit Court of Cook County: the Hon. Robert W. Hilscher, Judge, presiding. Heard in this court at the March term, 1901. Statement Iby the Court. — The McAvoy Brewing Company, on November 6, 1895, filed its creditor’s bill against Lorenz Metz, the appellant, Minnie Metz, the appellee New-berry, and others, upon a judgment in its favor against said Lorenz Metz and one Sierk, by which it sought a discovery pertaining to divers matters…
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Creditor’s Bill. — Appeal from the Circuit Court of Cook County: the Hon. Robert W. Hilscher, Judge, presiding. Heard in this court at the March term, 1901. Statement Iby the Court. — The McAvoy Brewing Company, on November 6, 1895, filed its creditor’s bill against Lorenz Metz, the appellant, Minnie Metz, the appellee New-berry, and others, upon a judgment in its favor against said Lorenz Metz and one Sierk, by which it sought a discovery pertaining to divers matters alleged in the bill, asked authority to proceed upon alias execution upon its judgment against certain real estate described…
1Opinion of the Court
Mr. Presiding Justice Windes
delivered the opinion of the court.
The first question presented is as to whether, upon the facts found by the decree and upon the allegations of the bill and cross-bill, chancery has jurisdiction. Appellant’s counsel argue the case in this regard upon the basis of the facts stated in the bill and found by the master as being true. The bill alleges that the complainant recovered its judgment against Lorenz Metz “ under the name of Lorenz Meetz,” and that the note on which the judgment was rendered might be read Metz or Meetz. The decree finds that the record of said…
2Cases cited17 opinions
- Davidson v. BurkeIllinois Supreme Court · 1892
- Durand & Co. v. Gray, Kingman & CollinsIllinois Supreme Court · 1889
- Blake v. State BankIllinois Supreme Court · 1899
- Chiniquy v. Catholic Bishop of ChicagoIllinois Supreme Court · 1866
- Houston v. MadduxIllinois Supreme Court · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Macomber v. KinneySupreme Court of Minnesota · 1910
- Matson ex rel. Stearnes Co. v. City Market Co.Appellate Court of Illinois · 1931