McInerney ex rel. Williamson v. Graham

Appellate Court of Illinois

McInerney ex rel. Williamson v. Graham

185 Ill. App. 303, 1914 Ill. App. LEXIS 1056

CourtAppellate Court of Illinois

DecidedMarch 9, 1914

DocketGen. No. 18,592

StatusPublished

This text of 185 Ill. App. 303 (McInerney ex rel. Williamson v. Graham) 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

McInerney ex rel. Williamson v. Graham, 185 Ill. App. 303, 1914 Ill. App. LEXIS 1056 (Ill. Ct. App. 1914).

Pincite

Opinion

Mr. Justice Brown

delivered the opinion of the court.

4. Garnishment, § 118*—effect of failure to file Mil of exceptions. When no bill of exceptions is filed it cannot be urged that a final judgment against the garnishee is unwarranted because there is in the record no recital of evidence or finding of the judgment against the nominal plaintiff in favor of the beneficial plaintiff. In the absence of anything answering to a bill of exceptions it cannot be presumed that no evidence of such judgment as recited in the scire facias was given before the court. 5. Garnishment, § 32*—when injunction against payment of funds to judgment debtor no defense to garnishee. In a suit in garnishment to recover money deposited with the garnishee by the judgment debtor, the fact that Circuit Court had issued an injunction against the payment by the garnishee to the judgment debtor in favor of his wife in divorce proceedings, held no defense to the garnishee against the rights of the judgment creditor. 6. Municipal Court oe Chicago, § 34*—necessity of interrogatories in garnishment. In a fourth class case in garnishment in the Municipal Court the cause proceeds as it might before a justice of the peace without the filing of interrogatories.

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Mr. Justice Brown

delivered the opinion of the court.

4. Garnishment, § 118*—effect of failure to file Mil of exceptions. When no bill of exceptions is filed it cannot be urged that a final judgment against the garnishee is unwarranted because there is in the record no recital of evidence or finding of the judgment against the nominal plaintiff in favor of the beneficial plaintiff. In the absence of anything answering to a bill of exceptions it cannot be presumed that no evidence of such judgment as recited in the scire facias was given before the court. 5. Garnishment, § 32*—when injunction against payment of funds to judgment debtor no defense to garnishee. In a suit in garnishment to recover money deposited with the garnishee by the judgment debtor, the fact that Circuit Court had issued an injunction against the payment by the garnishee to the judgment debtor in favor of his wife in divorce proceedings, held no defense to the garnishee against the rights of the judgment creditor. 6. Municipal Court oe Chicago, § 34*—necessity of interrogatories in garnishment. In a fourth class case in garnishment in the Municipal Court the cause proceeds as it might before a justice of the peace without the filing of interrogatories.

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Bluebook (online)

185 Ill. App. 303, 1914 Ill. App. LEXIS 1056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcinerney-ex-rel-williamson-v-graham-illappct-1914.