A. J. Bates Co. v. Jacobs

Appellate Court of Illinois

A. J. Bates Co. v. Jacobs

202 Ill. App. 202

CourtAppellate Court of Illinois

DecidedDecember 18, 1916

DocketGen. No. 22,276

StatusPublished

This text of 202 Ill. App. 202 (A. J. Bates Co. v. Jacobs) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. J. Bates Co. v. Jacobs, 202 Ill. App. 202 (Ill. Ct. App. 1916).

Pincite

Opinion

Mr. Presiding Justice McSurely

delivered the opinion of the court.

Abstract of the Decision. Attachment, § 43*—when evidence of fraud by debtor in making conveyance improperly excluded. Where an action in attachment is brought alleging that the defendant has made a fraudulent conveyance or assignment of his property to hinder and delay his creditors, and the defendant files a schedule claiming all of such property as exempt from execution, it is improper for the court, although it determined that all the property levied upon by the writ was included and named in the schedule of exemption, to exclude evidence tending to show fraud and to dissolve the attachment, as the proper procedure is for the court to admit such evidence and if of the opinion that the fraud alleged has been proven, enter a judgment sustaining the attachment.

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Mr. Presiding Justice McSurely

delivered the opinion of the court.

Abstract of the Decision. Attachment, § 43*—when evidence of fraud by debtor in making conveyance improperly excluded. Where an action in attachment is brought alleging that the defendant has made a fraudulent conveyance or assignment of his property to hinder and delay his creditors, and the defendant files a schedule claiming all of such property as exempt from execution, it is improper for the court, although it determined that all the property levied upon by the writ was included and named in the schedule of exemption, to exclude evidence tending to show fraud and to dissolve the attachment, as the proper procedure is for the court to admit such evidence and if of the opinion that the fraud alleged has been proven, enter a judgment sustaining the attachment.

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Bluebook (online)

202 Ill. App. 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-j-bates-co-v-jacobs-illappct-1916.