James H. Rice Co. v. McJohn
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. Farein Q. Bale, Judge, presiding.
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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. Farein Q. Bale, Judge, presiding. On October 6, 1902, the James H. Rice Company, a corporation, filed its bill of complaint in the superior court of Cook county against Joseph Mcjohn and Edward Mcjohn, charging that on September 17, 1902, complainant recovered a judgment against said Joseph Mcjohn in the circuit court of Cook county for $1801.60; that prior to the rendition of the said judgment Joseph Mcjohn was the owner of certain real estate in Cook…
1Opinion of the Court
Mr. Justice Cooke;
delivered the opinion of the court:
This was a bill in aid of an execution, and was not, in its strict sense, a creditor’s bill whereby the creditor seeks to satisfy his judgment out of some equitable estate of the defendant which is not liable to levy and sale under an execution at law. The only purpose of this bill was to remove a fraudulent conveyance out of the way of an execution. There is a clearly recognized distinction between these two classes of creditors’ bills. Under a bill in aid of an execution the creditor may proceed as soon as he obtains judgment and before…
2Cases cited4 opinions
- Monarch Brewing Co. v. WolfordIllinois Supreme Court · 1899
- Rowan v. BowlesIllinois Supreme Court · 1858
- Dawson v. First National Bank of ParisIllinois Supreme Court · 1907
- Burrows v. MerrifieldIllinois Supreme Court · 1909
3Cited by15 opinions
- Empire Lighting Fixture Co. v. Practical Lighting Fixture Co.Court of Appeals for the Second Circuit · 1927
- Dillman v. DillmanIllinois Supreme Court · 1951
- Jackson v. Wade Manufacturing Co.Supreme Court of Florida · 1932
- Failing v. FailingIllinois Supreme Court · 1954
- Woodham v. MillerAppellate Court of Illinois · 1943
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