Siegel, Cooper & Co. v. Schueck

Appellate Court of Illinois

Siegel, Cooper & Co. v. Schueck

60 Ill. App. 429, 1895 Ill. App. LEXIS 301

DecidedOctober 31, 1895

StatusPublished

This text of 60 Ill. App. 429 (Siegel, Cooper & Co. v. Schueck) 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.

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Siegel, Cooper & Co. v. Schueck, 60 Ill. App. 429, 1895 Ill. App. LEXIS 301 (Ill. Ct. App. 1895).

Pincite

Opinion

Mb. Justice Shepard

delivered the opinion of the Coubt.

This appeal is from a judgment recovered in a garnishment proceeding against the appellant upon a certain alleged judgment against the appellees in favor of Edward A. Prior & Co.

However gratifying it might be to discuss all the questions urged upon ns there is one vital error insisted upon by appellant to which we must, in the press of a large docket, confine ourselves.

The record is absolutely bare of any evidence of the alleged judgment upon which the garnishment purports to he founded. This is fatal. There must be a judgment upon which execution can issue against the judgment debtor. Gilcreest v. Savage, for use, etc., 44 Ill. 56; Pierce v. Wade, 19 Ill. App. 185; McNeill v. Donohue, 44 Ill. App. 42. The judgment of the Circuit Court is reversed and the cause remanded.

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