Smith v. People
Appellate Court of Illinois
Garnishment.—Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne. Judge, presiding. Heard in the Branch Appellate Court at the March term, 1900. Mr. Justice Freeman not concurring.
1Opinion of the Court
. Mr. Justice Horton
delivered the opinion of the court.
The only question in this case is whether money in the hands of a receiver is subject to garnishment by a creditor, of a distributee after final order of distribution.
As a general rule, money in the hands of a receiver cannot be reached by garnishment, it being regarded as in the custody of the court. Ordinarily it is contempt of the authority and process of the court to interfere with the possession of property in the hands of a receiver without leave of the court appointing the receiver. (Richards v. People, 81 Ill. 551.) But it seems…
2Cases cited8 opinions
- Dunsmoor v. FurstenfeldtCalifornia Supreme Court · 1891
- Pierce v. CarletonIllinois Supreme Court · 1851
- Richards v. PeopleIllinois Supreme Court · 1876
- Jackson v. LaheeIllinois Supreme Court · 1885
- Ladd v. JudsonIllinois Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Radeke Brewing Co. v. GrangerAppellate Court of Illinois · 1902
- Carson, Pirie, Scott & Co. v. LongSupreme Court of Iowa · 1934
- Robertson v. Detroit Pattern WorksMichigan Supreme Court · 1908
- Kennedy v. McClellanAppellate Court of Illinois · 1930
- People ex rel. Wipfler v. WipflerMichigan Supreme Court · 1911