Samuel v. Agnew

Citations

• 80 Ill. 553

Syllabus

<p>1. Attachment—attaching creditor acquires no greater right than his debtor. An attaching creditor can not acquire through his attachment any higher or better right to the property or assets attached than the defendant had when the attachment was made, unless he can show some fraud or collusion by which his rights were impaired.</p> <p>3. Same—judgment not binding on stranger to record. A person whose goods have been improperly seized under a writ of attachment, and who is no party to the suit, is not concluded by the judgment in the attachment, and may replevy the same from the officer.</p> <p>3. Replevin—lies against officer attaching stranger's goods. Replevin will lie in favor of the owner against an officer who levies an attachment upon goods not the property of the defendant in attachment, if such owner is entitled to their possession.</p> <p>4. Same—in what court it may be brought. Where goods are taken and held under an attachment issued from the Superior Court of Cook county, which belong to one not a party to the attachment, the owner, being entitled to their possession, may bring replevin for them in either the Superior or circuit court of that county, as he may choose, these courts being practically the same.</p>