Yost Manufacturing Co. v. Alton

The appellant sued out an attachment against the Climax Cycle Company and levied the same upon goods and chattels in the possession of, and claimed as his own, by the appellee, interpleading. At the close of the evidence, the court instructed the jury to find for the appellee.

The appellant put in no evidence that the Climax owed the Tost anything. The affidavit upon which the attachment was sued out, was no evidence of any debt.

Without evidence of the debt, the appellant could not raise any question of fraud upon it, as a creditor. Springer v. Bigford, 55 Ill. App. 198, 160 Ill. 495.

The…