Michigan Central Railroad v. Keohane
Illinois Supreme Court
Writ OK Error to the Circuit Court of Cook county ; the Hon. George Maoterre, Judge, presiding. In November, 1856, the defendant in error, Philip H. Keohane, recovered a judgment in the court below, in an action of assumpsit against Joseph W. Leighton, for the sum of one hundred and eight dollars and twenty-six cents.
Read the full summary
Writ OK Error to the Circuit Court of Cook county ; the Hon. George Maoterre, Judge, presiding. In November, 1856, the defendant in error, Philip H. Keohane, recovered a judgment in the court below, in an action of assumpsit against Joseph W. Leighton, for the sum of one hundred and eight dollars and twenty-six cents. On the 19th of December following, an execution was issued on said judgment, which was returned on the 26th of the same month, with the following return indorsed : “I have demanded property of the within named defendant, Joseph W. Leighton, and he says he has no property to turn…
1Opinion of the Court
Mr. Justice "Waleee
delivered the opinion of the Oourt.
This record presents two questions for determination. The first is, whether the sheriff’s return*to the execution is sufficient to authorize a proceeding by garnishee process. And the second is, whether a final judgment can be rendered against the garnishee, without filing interrogatories. The sheriff’s return to the execution is this, “ I have demanded property of the within named defendant, Joseph W. Leighton, and he says he has no property to turn out to satisfy said execution. I therefore return said execution, no part satisfied, by…
2Cited by14 opinions
- Zimek v. Illinois National Casualty Co.Illinois Supreme Court · 1939
- LaSalle Opera House Co. v. LaSalle Amusement Co.Illinois Supreme Court · 1919
- Davis v. Siegel, Cooper & Co.Appellate Court of Illinois · 1899
- Nesbitt v. DickoverAppellate Court of Illinois · 1886
- Bank of Montreal v. Taylor ex rel. FoersterAppellate Court of Illinois · 1900
9 more not listed; retrieve them via the Exa API.