Legal Opinion

Luton v. Hoehn

Illinois Supreme Court

Decided January 15, 1874PublishedCited by 12 opinions

Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding.

1Opinion of the CourtJustice Scott

The only question presented by this record is, whether a judgment debtor, in the circuit court, can be garnisheed on process issued by a justice of the peace.

The objection taken proceeds alone on the ground there will be a conflict of jurisdiction between the lower and higher court. We see no force in this view of the case. Our statute on this subject is as broad and comprehensive as it can be made. It provides, where any person is “ indebted,” or “hath any effects or estate” of the defendant in his hands, the same may be the subject of garnishment. R. S. 1845, section 38, page 307.

It can…

2Cited by12 opinions

  1. Scott v. RohmanNebraska Supreme Court · 1895
  2. Wabash Railroad v. FlanniganMissouri Court of Appeals · 1902
  3. Cohen v. North Avenue State BankAppellate Court of Illinois · 1940
  4. Hamill v. PeckColorado Court of Appeals · 1898
  5. Home Insurance Co. of New York v. KirkAppellate Court of Illinois · 1887

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