Legal Opinion

Commercial National Bank v. Canniff

Appellate Court of Illinois

Decided December 21, 1893PublishedCited by 2 opinions

Memorandum.—Attachment. Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the October term, 1893, and affirmed.

1Opinion of the CourtJustice Waterman

The property of one M. H. McCahill, an absconding debtor, having been attached by appellant, appellee intervened, claiming that the property levied upon under the attachment writ belonged to him.

The record fails to show that upon the hearing appellant introduced any evidence showing that he was, when the attachment writ was levied, a creditor of M. II. McCahill, against whom and whose property the writ ran.

As is urged by appellant, the only question under the interplea was, “ Is the property in question that of the inter-pleader ? ” and, upon this, the burden of [proof was on the…

2Cases cited9 opinions

  1. Cook v. HopperMichigan Supreme Court · 1871
  2. Jones v. LakeWisconsin Supreme Court · 1853
  3. Marshall v. CunninghamIllinois Supreme Court · 1851
  4. Braley v. ByrnesSupreme Court of Minnesota · 1874
  5. Dexter v. ParkinsIllinois Supreme Court · 1859

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Foley v. BoyerAppellate Court of Illinois · 1910
  2. Springer v. BigfordAppellate Court of Illinois · 1894

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