Williams v. Vanmetre

Decided December 15, 1857

Illinois Supreme Court · decided 1857-12-15

This was a suit in the Coles Circuit Court, commenced by attachment, at the instance of Vanmetre, the defendant in error, against one John TV. Hankins, in which the plaintiff in error, John Williams, was summoned as garnishee. The writ is without a seal.

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Decided 1857-12-15

How this case has been cited

Cited by 8 later decisions — most recently March 1952

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Caton, C. J.

¶1This record seems to be beset with errors from beginning to end, a bare statement of which will be sufficient.

¶2In the first place, it does not appear that the seal of the court was attached to the writ, for which reason it was void.

¶3Again, one Henry interpleaded, showing that the property attached was his, and that it did not belong to the defendant in attachment. This interpleader remains unanswered, and hence must be taken to be true.

¶4And, finally, a judgment was rendered against Williams, the garnishee, without the filing of any interrogatories for him to answer, or the renderings of any conditional judgment against, as for a default, and the issuing of a scire facias against him. These are rendered indispensable prerequisites by the statute, before any final valid judgment can be rendered against the garnishee. Cook’s Statutes, 231, 232, §§ 16-18.

¶5The judgment must be reversed, and the cause remanded.

¶6Judgment reversed.