Swan v. Gilbert
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard, in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This was an action on the case, brought by appellants, against James H. Gilbert, sheriff of Cook county, for a false return upon an execution. The facts are practically undisputed. W. A. Cave and F. G. Mathison were co-partners doing business at different places in the city of Chicago.
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Appeal from the Appellate Court for the First District;—heard, in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This was an action on the case, brought by appellants, against James H. Gilbert, sheriff of Cook county, for a false return upon an execution. The facts are practically undisputed. W. A. Cave and F. G. Mathison were co-partners doing business at different places in the city of Chicago. One store, at No. 9206 Commercial avenue, known as the “Bee Hive,” was conducted under the name "of W. A. Cave & Co., (Mathison being" his…
1Opinion of the CourtJustice Phillips
In determining the rights of the parties on the question presented in this record we shall proceed upon the theory, not disputed, that all the property conveyed by the chattel mortgagees and sought to be reached by the executions was partnership property. Further, that no question is raised as to the validity of the chattel mortgages executed before the confession of judgment, and under which mortgages the deputy sheriff, as agent of the mortgagees, was in possession of the two stocks of goods at the time of the delivery to the sheriff of this execution. After the satisfaction of the prior…
2Cases cited6 opinions
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
- Wilson v. StrobachSupreme Court of Alabama · 1877
- Chandler v. LincolnIllinois Supreme Court · 1869
- Lyndon v. GorhamU.S. Circuit Court for the District of Rhode Island · 1812
- Rainey v. NanceIllinois Supreme Court · 1870
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3Cited by4 opinions
- Weber v. HertzIllinois Supreme Court · 1900
- Ashby v. FaulknerDistrict Court, D. Alaska · 1913
- First National Bank v. WhiteAppellate Court of Illinois · 1932
- People ex rel. Moseley v. CermakAppellate Court of Illinois · 1919