Day v. Graham
Illinois Supreme Court
This was a proceeding by motion in the La Salle Circuit Court; made by sundry judgment creditors and others, judgment debtors, at the November term thereof, 1842, to set aside a fi.fa. and sale made by virtue of the same. The motion was based upon the records and proceedings in the cause, and upon affidavit. The defendant resisted the motion, and filed counter affidavits, when the same was taken under advisement.
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This was a proceeding by motion in the La Salle Circuit Court; made by sundry judgment creditors and others, judgment debtors, at the November term thereof, 1842, to set aside a fi.fa. and sale made by virtue of the same. The motion was based upon the records and proceedings in the cause, and upon affidavit. The defendant resisted the motion, and filed counter affidavits, when the same was taken under advisement. Afterwards, at the November term 1843, the Hon. John D. Catón presiding, the motion was denied. The material facts in the case appear in the Opinion of the Court.
1Opinion of the Court
The Opinion of the Court was delivered by
Scates, J.*
In 1837, Graham obtained a judgment against Henry L. Brush, James Day and twelve others in the La Salle Circuit Court, for two hundred, forty six dollars, and twenty nine cents, debt, and twenty two dollars and seventy five cents, costs, by John V. A. Hoes, his attorney. On the twenty second day of September, 1837, the following entry of this judgment was made in the judgment docket:
“Brush, Henry L. et al. J William F. Graham, $246-29.
19-624
3-124
$22-75.”
In October, an execution issued, upon which two hundred, thirty three dollars, and fifty…
2Cases cited6 opinions
- Groff v. JonesNew York Supreme Court · 1831
- Jackson ex dem. Vanderlyn v. NewtonNew York Supreme Court · 1820
- Hewson v. DeygertNew York Supreme Court · 1811
- People v. W. P. HaskinsNew York Supreme Court · 1831
- Jackson, ex rel. Webb v. RobertsNew York Supreme Court · 1831
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Emery v. Kimball Hill, Inc.Appellate Court of Illinois · 1983