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72 Ill. 81

Luton v. Hoehn

Illinois Supreme Court

Decided January 15, 1874

Illinois Supreme Court · decided 1874-01-15

<p>Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding.</p>

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Decided 1874-01-15

How this case has been cited

Cited by 10 later decisions — most recently May 1943

10 state decisions

3018741880189019001910192019301940decided

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 Scott

¶1delivered the opinion of the Court:

¶2The only question presented by this record is, whether a judgment debtor, in the circuit court, can be garnisheed on process issued by a justice of the peace.

¶3The objection taken proceeds alone on the ground there will be a conflict of jurisdiction between the lower and higher court. We see no force in this view of the case. Our statute on this subject is as broad and comprehensive as it can be made. It provides, where any person is “ indebted,” or “hath any effects or estate” of the defendant in his hands, the same may be the subject of garnishment. R. S. 1845, section 38, page 307.

¶4It can make no difference whether such person is a judgment or a simple contract debtor. In either case, the effects or estate in his hands may be taken to pay his creditor’s claim, in the mode prescribed in the statute.

¶5No doubt some inconvenience may arise in subjecting judgments, upon which executions have already been issued, to this process, but the general good should be regarded as the paramount interest, rather than the mere convenience of the debtor.. The same difficulty would occur in courts of equal jurisdiction. Indeed, in every case, this process may occasion inconvenience to the debtor, but the statute should not, for that reason, be so construed as to be ineffectual for the purposes for which it was enacted. It affords, in many instances, the only remedy the creditor has for collecting his claim, and it should always receive a liberal construction. In the few cases where real injury may be threatened, equity will relieve the party whose interests are about to be affected.

¶6No error appearing, the judgment is affirmed. ■

¶7Judgment affirmed.

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