Illinois Central Railroad v. Cobb

Citations

• 48 Ill. 402

Syllabus

<p>1. Garnishment—m what eases—railroad company not liable to judgment in process of—-property in transitu and out of the jurisdiction of the court. A railroad company can not be held liable to judgment on the process of garnishment, when, at the time of issuing and serving the writ, the property had left the county, and was in transitu, on its route, consigned to the debtor.</p> <p>Quaere—-Whether objection to such process would exist, in case the property had not left the county.</p> <p>2. Same—answer of garnishee—however insufficient—unless excepted to—will prevail. The answer of a garnishee, however insufficient, will prevail, where no exception, by demurrer or otherwise, has been taken thereto.</p> <p>3. Same—until disproved or contradicted—must be taken as true. The answer of a garnishee, until disproved or contradicted, must be considered as true ; and if the facts stated therein, do not charge him, and such answer is uncoutradicted, he should be discharged.</p>