Bigelow v. Andress
Illinois Supreme Court
"Weit of'Eeeoe to the Circuit Court of Cook county ; the Hon. Geoege Maoteeee, Judge, presiding. John R. Bigelow, Charles H. Hayden and Henry W. Bige-low, the plaintiffs in error, exhibited their bill in chancery in the court below, against Henry W. Andress, Charles Andress and Charles W. Earl, in which it was set forth that previously thereto, to wit, on the 5th day of December, 1861, the complainants had caused a writ of attachment to issue out of the said Circuit Court,…
Read the full summary
"Weit of'Eeeoe to the Circuit Court of Cook county ; the Hon. Geoege Maoteeee, Judge, presiding. John R. Bigelow, Charles H. Hayden and Henry W. Bige-low, the plaintiffs in error, exhibited their bill in chancery in the court below, against Henry W. Andress, Charles Andress and Charles W. Earl, in which it was set forth that previously thereto, to wit, on the 5th day of December, 1861, the complainants had caused a writ of attachment to issue out of the said Circuit Court, against the goods and chattels, lands and tenements of the said defendant, Henry W. Andress, which said writ had been…
1Opinion of the CourtJustice Wauker
This record presents two questions for determination. First, whether by commencing an attachment suit, and the service of garnishee process, the attaching creditor acquires such a lien upon property in the hands of the garnishee, as will authorize a court of equity to interpose its restraining power, to prevent him from disposing of it before a judgment and execution are had in the proceeding at law. The second is, whether, independent of a lien, the court will entertain a bill to preserve the property, until it can be subjected to a sale on legal process, on the ground, that the garnishee…
2Cases cited4 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Greenway v. ThomasIllinois Supreme Court · 1853
- Farnsworth v. StraslerIllinois Supreme Court · 1851
- Ishmael v. ParkerIllinois Supreme Court · 1851
3Cited by34 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- Calumet Paper Co. v. Haskell Show Printing Co.Supreme Court of Missouri · 1898
- McGarry v. Lewis Coal Co.Supreme Court of Missouri · 1887
- Platte County State Bank v. FrantzWyoming Supreme Court · 1925
29 more not listed; retrieve them via the Exa API.