Legal Opinion
Stevens v. Newman
Appellate Court of Illinois
Decided January 21, 1897PublishedCited by 5 opinions
Petition, to impeach a judgment. Appeal from the Superior Court of Cook County; the Hon. Farlin Q. Ball, judge, presiding.
1Opinion of the CourtJustice Waterman
Appellant’s petition set forth merely the suing out by them of an attachment, without an allegation that the defendant thereto, Mary M. David, was indebted to them.
It was of the essence of appellants’ right that they had a valid claim against Mary M. David.
The goods were about to be, and were, sold under a judgment entered at a term that had expired prior to the suing out of appellants’ attachment.
In the case of Brewster v. Riley, 19 Ill. App. 581, it appeared that the goods in question were first seized upon an attachment writ. After this a judgment by confession was obtained and a levy…
2Cases cited1 opinion
- Brewster v. RileyAppellate Court of Illinois · 1886
3Cited by5 opinions
- Chicago City Railway Co. v. CarrollIllinois Supreme Court · 1903
- Martin v. HertzIllinois Supreme Court · 1906
- Johnson v. Peoria Railway Co.Appellate Court of Illinois · 1913
- Strong v. FriedmanAppellate Court of Illinois · 1931
- Columbia Realty Investment Co. v. Alameda Land Co.Oregon Supreme Court · 1917