Crawford v. Schmitz

Citations

• 139 Ill. 564
• 29 N.E. 40

Syllabus

<p>1. Execution—dioses in action not subject to levy and sale. Bonds, promissory notes and interest coupons, being mere choses in action, «re not subject to levy and sale under execution against their owner, •and hence a levy and sale of them will pass no title.</p> <p>-2. Same—currency and shares of stock subject to levy. By statute, current gold or silver coin or other legal tender, and bank bills and other bills, as evidences of debt issued by a moneyed corporation and circulated as money, and shares of stock in a corporation, are made subject to levy under execution.</p> <p>'3. Same—lien on personal properly. Section 87 of the Justice of the Peace act, which provides “that the personal property of every defendant in a judgment before a justice of the peace, not exempt from execution, shall be bound for the payment of such judgment from the delivery of the execution issued thereon to the constable,” is limited by section 85 of the same act to such personal property of the defendant as is known as “goods and chattels.”</p> <p>4. Chancery jurisdiction—remedy at law—failure of defendant to raise objection. Where the defendant answers a bill and submits to the jurisdiction of the court of equity, it will be too late for him to object that the plaintiff has an adequate remedy at law. The objection must be taken at the earliest opportunity, and is too late when taken for the first time on exception to the master’s report. This rule is to be taken with the qualification that it is competent for the court to grant the relief sought, and that it has jurisdiction of the subject matter.</p> <p>5. Where a defendant voluntarily submits himself to the jurisdiction of a court of chancery, that court may, if it sees fit, proceed to grant relief, notwithstanding there may be a complete remedy at law, if the relief sought is not of such a character as to be wholly foreign to chancery jurisdiction.</p> <p>6. A bill in chancery seeking a decree for money which has been received by t