Munson v. Harroun
Illinois Supreme Court
Writ of Error of the Circuit Court of Iroquois county; the Hon. Charles R. Starr, Judge, presiding. This was an action of replevin brought at the November term, 1861, of the Circuit Court of Iroquois county, by the defendant in error against the plaintiff in error.
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Writ of Error of the Circuit Court of Iroquois county; the Hon. Charles R. Starr, Judge, presiding. This was an action of replevin brought at the November term, 1861, of the Circuit Court of Iroquois county, by the defendant in error against the plaintiff in error. The plaintiff in error justified the tailing, under an execution issued by the Circuit Court of the United States for the northern district of Illinois, against one Wright, and the validity of the plea is the only question considered by the court.
1Opinion of the CourtJustice Beckwith
Munson, as deputy marshal, under a writ of fieri facias from the Circuit Court of the United States, for the northern district of Illinois, against the property of Wright, seized certain goods claimed by Harroun, who thereupon brought replevin in the State court.
We are of the opinion that the State court cannot lawfully interfere with the execution of final process of the federal court, at the instance and for the protection of a stranger alleging that his property has been tortiously seized in execution to satisfy the debt of another.
The question involved is not a new one; but if it were, we…
2Cases cited2 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Viers v. MontgomerySupreme Court of the United States · 1807
3Cited by7 opinions
- Crawley v. BauchensAppellate Court of Illinois · 1973
- Logan v. LucasIllinois Supreme Court · 1871
- Sproehnle v. DietrichIllinois Supreme Court · 1884
- Crawley v. BauchensAppellate Court of Illinois · 1973
- Hannebutt v. CunninghamAppellate Court of Illinois · 1879
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