Sandburg v. Papineau

Citations

• 81 Ill. 446

Syllabus

<p>¡ 1. Courts—power of, over their own process. Courts of record have power over their own process, which does not depend upon statutory enactments, but which is coeval with the common law courts, and they will recall and quash their process, where it appears that it is illegal or inequitable to permit its further use and to allow it to be enforced.</p> <p>2. Same—will recall execution and compel the allowance of proper aredits. Where an execution debtor, against whom a judgment has been rendered on a garnishee process, at the suit of a creditor of his execution debtor, and who has paid the same, lenders to the officer the amount due on the execulion against him, less the amount paid on the garnishee judgment, the court out of which the execution issued will recall it and compel the plaintiff therein to credit the amount of such garnishee judgment thereon.</p> <p>3. GrARNrsnMENT—efect of payment by garnishee before judgment is made absolute. Where, after a conditional judgment against a garnishee, and before it is made absolute, the garnishee, supposing he is bound to do so, pays the amount, and the judgment upon which the garnishee process issued is credited therewith, and the conditional judgment is, through misapprehension of the parties, satisfied, and afterwards it is made absolute, the garnishee will be entitled to a credit as against his creditor for the amount paid upon the conditional judgment.</p>