Bear v. Hays

Decided January 15, 1865

Illinois Supreme Court · decided 1865-01-15

Writ of Error to the Circuit Court of Macon county; the Hon. C. Emerson, Judge, presiding. William Hays having obtained a judgment against one Eleanor Adams and W. B. Aaron, issued an execution thereon, which was returned nulla bona, whereupon he filed an affidavit, stating his belief that John W. Bear was indebted to Eleanor Adams, and caused him to be summoned as garnishee. The summons was duly served on Bear, and returned.

Relies on Michigan Central Railroad v. Keohane

Good law ✅— No negative treatment on recordhow we know

Decided 1865-01-15

How this case has been cited

Cited by 8 later decisions — most recently September 1943

7 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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Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2We are of opinion that process against a garnishee, in aid of a suit at law, wherein an execution has been returned “ nulla Iona," is not original process, and therefore, under the excise law, was not required to be stamped. Mich. Central R. R. v. Keohane, 31 Ill. 147.

¶3Upon the other point, dismissing the interpleader of Susan-nah Adams, we see no error. Her claim is not embraced in the act of eighteen hundred and sixty-one, to protect married women in their separate property. That act applies only to property real and personal, and the rents, issues, increase and profits thereof, but not to her earnings—they belong to the husband, and he alone is entitled to them. Sess. Laws, 1861, p. 143.

¶4Perceiving no error in the record, the judgment must be affirmed.

¶5Judgment affirmed.