Prout v. Grout

Citations

• 72 Ill. 456

Syllabus

<p>1. Attachment—promissory note, in what manner to he reached. A promissory note belonging to a defendant in an attachment suit is not liable to levy and sale under a writ of attachment. The proper way to reach promissory notes in attachment proceedings is by garnishee process.</p> <p>3. Bill of exceptions—evidence not preserved—judgment presumed to be right. Where the evidence is not preserved in the record by a bill of exceptions, the presumption is, that it was sufficient to justify the judgment.</p> <p>3. Garnishee—when judgment for costs may be remderred against. Garnishees can only be held liable for costs where they fail to disclose the true amount of indebtedness by their answer, and an issue formed and a trial had, and the issue is found against the garnishees. Where judgment is taken for the amount of indebtedness as disclosed by the answer, it is error to render judgment against the garnishee for costs.</p>