Capes v. Burgess

Citations

• 135 Ill. 61
• 25 N.E. 1000

Syllabus

<p>1. Gaenishment—in what cases—generally. The remedy by garnishment's statutory, and the question of its application to any given case or class of cases is therefore purely a matter of statutory regulation. The statute gives this remedy for debts owing from the garnishee to the judgment debtor, and to reach effects or estate of the judgment debtor in the possession, custody or charge of the garnishee.</p> <p>2. A debt or obligation to be subject to garnishment must be such as to be recoverable in an action of debt, or indebitatus assumpsit.</p> <p>3. Same—the term “credits”— defined. The choses in action and credits named in sections 5 and 7 of the Garnishment act are to be limited to debts, in the strict and technical sense of that term. The term “credit” is there used as the correlative of debt.</p> <p>4. Same—as to unliquidated damages. Unliquidated damages are not liable to garnishment. They are not a debt within the meaning of the statute relating to garnishment.</p> <p>5. Appeah—finding of facts by the Appellate Court—omission to do so—presumption. Where the Appellate Court reverses a judgment of the trial court without reciting any finding of the facts, it must be presumed that its judgment was not the result, in whole or in part, of any finding of the facts different from that of the trial court, but that the reversal was for errors of law appearing in the record.</p>