Benjamin Moore & Co. v. Clark

Appellate Court of Illinois

Benjamin Moore & Co. v. Clark

204 Ill. App. 191

CourtAppellate Court of Illinois

DecidedFebruary 19, 1917

DocketGen. No. 22,504

StatusPublished

This text of 204 Ill. App. 191 (Benjamin Moore & Co. v. Clark) 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

Benjamin Moore & Co. v. Clark, 204 Ill. App. 191 (Ill. Ct. App. 1917).

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Opinion

Mr. Justice Dever

delivered the opinion of the court.

Abstract of the Decision. 1. Judgment, § 527*—when res judicata as to rights of all parties in attachment suit. A judgment in an attachment suit which adjudicates the rights of all parties properly before the court either by intervening petition or by valid service of process is binding upon all such parties and is res judicata of their rights in the subject-matter of the suit. 2. Estoppel, § 16*—when intervener in attachment suit may not claim that judgment was invalid. An intervener in an attachment suit who recovered a judgment therein in his favor and accepted the sum found due cannot claim in another action that such judgment was invalid. 3. Attachment, § 250*—when judgment is not erroneous in form.y Where the entry of a judgment in an attachment suit referring to the adjudication of the issue arising under an intervening petition was abbreviated but in such form that it was not at all difficult to determine its definite meaning, held that it was sufficient.

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Mr. Justice Dever

delivered the opinion of the court.

Abstract of the Decision. 1. Judgment, § 527*—when res judicata as to rights of all parties in attachment suit. A judgment in an attachment suit which adjudicates the rights of all parties properly before the court either by intervening petition or by valid service of process is binding upon all such parties and is res judicata of their rights in the subject-matter of the suit. 2. Estoppel, § 16*—when intervener in attachment suit may not claim that judgment was invalid. An intervener in an attachment suit who recovered a judgment therein in his favor and accepted the sum found due cannot claim in another action that such judgment was invalid. 3. Attachment, § 250*—when judgment is not erroneous in form.y Where the entry of a judgment in an attachment suit referring to the adjudication of the issue arising under an intervening petition was abbreviated but in such form that it was not at all difficult to determine its definite meaning, held that it was sufficient.

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Bluebook (online)

204 Ill. App. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benjamin-moore-co-v-clark-illappct-1917.