Legal Opinion

Hood v. Moore

Illinois Supreme Court

Decided December 15, 1847Published

Bill in Chancery for an injunction, &c. in the Washington Circuit Court, filed by the appellant against William Moore, James Smith, John H. McElhanan and John N. Vernor. The case was heard on bill, answers, replications and depositions at the May term, 1847, before the Hon. Gustavus P. Koerner, when the bill was dismissed and the injunction, previously granted, dissolved.

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Bill in Chancery for an injunction, &c. in the Washington Circuit Court, filed by the appellant against William Moore, James Smith, John H. McElhanan and John N. Vernor. The case was heard on bill, answers, replications and depositions at the May term, 1847, before the Hon. Gustavus P. Koerner, when the bill was dismissed and the injunction, previously granted, dissolved. It was alleged, that Moore recovered a judgment against the complainant in the Circuit Court aforesaid in ¡1842, for $545-52, and costs, upon which execution was issued in December of that year, and levied in the month of…

1Opinion of the Court

The Opinion of the Court was delivered by

Treat, J.

The principal question in this case is, whether the amount due on the judgment was paid to the sheriff, as asserted by the complainant in his bill, and acknowledged by the sheriff in his receipt. The charge of payment is denied by both Smith and the sheriff in their answers. The latter alleges that he purchased lands of the complainant, and gave the receipt against the execution in part payment. It is apparent from the whole case that no money really passed to the sheriff; but that, in point of fact, the sheriff purchased property of the…

2Cases cited1 opinion

  1. Codwise v. FieldNew York Supreme Court · 1812

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