Dearborn Laundry Co. v. Chicago & Alton R. R.
Appellate Court of Illinois
Memorandum.—Garnishee proceeding. In the Circuit Court of Cook County on appeal from a justice of the peace; the Hon. Prank Baker, Judge, presiding; appeal from a judgment of non-suit.. Heard in this court at the October term, 1894, and affirmed.
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the Court.
In order to entitle a judgment creditor to the benefit of garnishee proceeding, it is necessary that execution shall have been issued upon the judgment and returned no property found. Sec. 1, Chap. 62, Revised Statutes.
A justice of the peace has only such jurisdiction as the statute confers. Without a compliance with the statute, a justice has no jurisdiction to issue garnishee process. M. C. Ry. Co. v. Keohane, 31 Ill. 144; Gibbon v. Bryan, 3 Ill. App. 298.
A judgment entered by a justice of the peace, based upon an admission by…
2Cases cited5 opinions
- Michigan Central Railroad v. KeohaneIllinois Supreme Court · 1863
- Campbell v. RandolphIllinois Supreme Court · 1851
- Elliott v. DaiberIllinois Supreme Court · 1867
- Gibbon v. BryanAppellate Court of Illinois · 1878
- Goddard v. FischerAppellate Court of Illinois · 1887
3Cited by3 opinions
- O'Donnell v. MerguireCalifornia Supreme Court · 1901
- Chicago Title & Trust Co. v. La Porte Building Corp. ex rel. BolandAppellate Court of Illinois · 1934
- Hunley ex rel. Lindner v. Panther Creek Mines, Inc.Appellate Court of Illinois · 1922