Towner v. F. George & Son
Illinois Supreme Court
Writ op eeeoe to the Circuit Court of Champaign county; the Hon. A. J. Gallagher, Judge, presiding. This was an action of assumpsit, commenced by attachment, in the court below, by Frederick George & Son, against Jane Sterritt, upon an open account, for goods sold and delivered. Certain proceedings were had against Benjamin H. Towner and William Towner, as garnishees, which they allege were erroneous, and which are fully set forth in the opinion of the court.
1Opinion of the CourtChief Justice Breese
Two objections to these proceedings are well founded, and must reverse this judgment.
The writ of attachment was issued by the clerk of the circuit court of Champaign county, directed to the sheriff of Yermilion county, who, on the twenty-fifth of January, 1868, returned the same, levied on a-tract of land. The narr. was filed to the April term of the Champaign circuit court, 1868, and counted upon an indebtedness on an open account for goods sold and delivered to the defendant, Jane Sterritt. The record recites that proof, to the satisfaction of the court, of publication against the…
2Cases cited1 opinion
- Stahl v. WebsterIllinois Supreme Court · 1850
3Cited by3 opinions
- Haines v. O'ConnerAppellate Court of Illinois · 1880
- Home Insurance Co. of New York v. KirkAppellate Court of Illinois · 1887
- Cargill v. OtwellLouisiana Court of Appeal · 1925