Leach v. Thomas
Illinois Supreme Court
On the 25th of April, 1860, the appellee filed his bill of complaint against appellant, in the Lawrence Circuit Court, alleging— That at the May term, 1843, at the Circuit Court of Lawrence county, the president, directors and company of the Bank of Illinois, recovered a judgment against appellant for $223, and costs of suit, upon which judgment execution was issued to the sheriff of Lawrence county, and by him returned without any levy or other service indorsed thereon.
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On the 25th of April, 1860, the appellee filed his bill of complaint against appellant, in the Lawrence Circuit Court, alleging— That at the May term, 1843, at the Circuit Court of Lawrence county, the president, directors and company of the Bank of Illinois, recovered a judgment against appellant for $223, and costs of suit, upon which judgment execution was issued to the sheriff of Lawrence county, and by him returned without any levy or other service indorsed thereon. That on the 2nd of July, 1852, a second execution was issued, and levied on the west part of the north-east quarter of…
1Opinion of the CourtWalker, J.
The fact that the charter of the bank may have expired before this judgment was paid, does not release the appellant from its payment, if there is any person who holds either the legal or equitable title. If the plaintiff had been a natural person, and he had assigned it, the assignee would have acquired an equitable title, and it could not be said that the death of the ■plaintiff would release or satisfy the judgment, and prevent the assignee from having satisfaction by an appropriate remedy. Corporations receive from the legislature an existence, endowed with many privileges and capacities…
2Cited by1 opinion
- Thomas v. AdamsIllinois Supreme Court · 1862