Meadowcroft v. Agnew

Citations

• 89 Ill. 469

Syllabus

<p>1. Garnishment—who may interplead—money on deposit by sheriff. Where a sheriff has moneys deposited in bank as such sheriff, belonging to various execution creditors, and the bank is garnisheed for an individual debt of the sheriff, he may, as trustee for and on behalf of the persons for whose use he • holds such moneys, interplead, showing the facts of the case, and thereby protect the fund for those entitled to the same. A demurrer to such interpleader recognizes it as properly filed.</p> <p>2. Same—proof of interpleader. Where no issue of fact is taken upon an interpleader filed in a proceeding by garnishment, but a demurrer is filed to the same, the facts alleged in the interpleader are admitted, and no proof of them is required; and the rendition of judgment against the garnishee for the sum claimed is virtually sustaining the demurrer.</p> <p>3. Same—judgment on answer. The answer of a garnishee, until disproved or contradicted, must be considered as true, and if judgment is sought upon the answer, it must clearly appear that the garnishee is chargeable, or he will be discharged. Where a garnishee makes a second answer to additional interrogatories filed, it will be taken and construed in connection with the first when relating to the same thing.</p> <p>4. Sheriff — effect of depositing money collected. A sheriff, by depositing money collected by him on execution, in his name as sheriff, does not convert the same to his own use, but such a deposit in bank is but the placing of the money of the execution creditor in a place of safe keeping for him.</p>