Heyer v. Alexander

Citations

• 108 Ill. 385
• 1884 Ill. LEXIS 1490

Syllabus

<p>1. Practice—continuance of motion for new trial. In attachment suits a trial was had upon the issues presented by several parties interpleading and claiming the property attached, resulting in a finding against the inter-pleaders, and upon motion for a new trial the cause was continued to the next term of court, when final judgment was rendered in favor of the plaintiffs in attachment: Held, that there was no error in not rendering judgment at the term the trial was had, and in rendering the same at the next term.</p> <p>2. Attachment—practice as to trial of several interpleaders. In an attachment where several different parties interplead, each claiming the same attached property, it is a matter of discretion in the trial court to order the issues to be tried separately as to each claimant, or all at one time. Section 29 of the Attachment act makes no provision for separate trials in such a case.</p> <p>3. Same—disposition of proceeds of personal property sold. Where personal property attached has been sold as perishable property, it will be presumed that the court trying the case has made a proper disposition of the proceeds of the personal property, and apportioned the proceeds of the property attached among the several judgment and attachment creditors, and it is incumbent on a party alleging error to show it, to entitle him to a reversal.</p> <p>A Same—who may question distribution of proceeds. A party inter-pleading in an action of attachment, and claiming all the property attached, who, on trial of the interplea, is found to have no claim on the property, will not be heard to object to the disposition made of the proceeds of the property among the several creditors, if the judgment is proper in other respects.</p> <p>5. Statute—of State, has no extra-territorial force on property—conflict of laws. A statute or judgment of a court of our State can not in the least aifect the title or possession of property beyond its territorial limits, except where the cou