Reeve v. Smith

Citations

• 113 Ill. 47
• 1885 Ill. LEXIS 663

Syllabus

<p>1. By section 3Y of the Attachment act, all judgments’in attachment against the same defendant returnable at the same term, and all judgments against such defendant recovered at the same term or at the term where judgment in the first attachment is rendered, shall share pro rata in the proceeds of the property attached, either in the hands of the garnishee or otherwise. Under this section there is no difference between property attached and funds, in the hands of a garnishee. It is the whole fund or property attached, and not any specific part or portion, that is held until it shall be ascertained who or what creditors are entitled to share in the proceeds.</p> <p>2. Same—rights of an assignee of a debt intervening two attachments. After a debtor to a defendant in attachment had been garnisheed by a creditor of the defendant, the latter transferred and assigned his claim or demand to another creditor, and notice of the transfer was given to the debtor, when a second creditor in attachment against the same defendant garnisheed the same debtor, and both suits proceeded to judgment at the same term. The funds in the hands of the garnishee were not sufficient to satisfy the two judgments, and the court ordered the same to be apportioned between the two judgment creditors to the exclusion of the assignee of the debt owing by the garnishee: Held, that the court decided in accordance with the law.</p> <p>3. Assignment—of chose in action—extent of assignee’s rights. A chose in action is not assignable, either at common law or under our statute, so as to vest the legal title in the assignee. Such assignee will take the same subject to all defences that existed against the assignor. He stands in the shoes of his assignor, and can claim no greater rights in the demand assigned than could his assignor.</p>