Vose v. Cratty

Decided October 22, 1896

Appellate Court of Illinois · decided 1896-10-22

<p>1. Voluntary Assignments.—Removal of the Assignee by the County Court.—A County Court can remove an assignee only for statutory causes.</p> <p>2. Appellate Court Practice.—Where a Cause Will Not be Remanded.—Where there is no longer, in the court below, anything to which a remand of a cause can attach, the court will not remand it- in case of a reversal.</p>

Cited by 1 later decisions — most recently June 1899

1 state decisions

Key passage — most relied on by later courts

““ But since the writ was sued out, all the creditors have been paid, all the property disposed of, and all proceedings in the County Court ended. There is no longer in that court anything to which a remand of this cause could attach.””

quoted by 1 later decision, including Vose v. Northwestern L. & B. Ass'n

Relies on Munroe v. People

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1896-10-22

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Mr. Justice Gary

¶1delivered the opinion of the Court.

¶2Since this case was docketed in this court, it has lost all practical importance.

¶3The writ of error was sued out to review an order of the County Court, removing an assignee under an assignment for the benefit of creditors for causes alleged, other than those for which the statute provides—in section 12 of the act of 1877 concerning voluntary assignments—that an assignee may be removed by that court.

¶4But since the writ was sued out all the creditors have been paid, all the property disposed of, and all proceedings in the County Court ended. There is no longer in that court anything to which a remand of this cause could attach. Under such circumstances, we content ourselves with saying that a County Court can remove an assignee only for statutory causes. Munroe v. People, 102 Ill. 406.

¶5The order is reversed at the costs of the defendants in error, but without remanding anything anywhere.