Kern v. Chicago Co-operative Brewery Ass'n

Citations

• 140 Ill. 371

Syllabus

<p>1. Garnishee—judgment should, be for the full amount due. A judgment against a garnishee, whether the proceeding is an attachment or is based on a judgment and return of execution no property found, should be for the whole amount due from him to the attachment or judgment debtor, and not simply for the sum due the garnishing creditor.</p> <p>2. Appeal—reviewing the facts. The affirmance by the Appellate Court of a judgment of the circuit court in a proceeding by garnishment is conclusive on this court in respect to all questions of fact.</p> <p>3. Practice—trial without jury—preserving questions of law necessary, for review by Supreme Court. Where a case is tried by the court without a jury, and no propositions of law are presented to the trial court for the purpose of obtaining its rulings thereon, it will be impossible for this court to know what views of the law were held applicable to the facts in evidence, and when no questions of law are presented by the record this court will have no authority to review the case on appeal.</p>