Toledo, Wabash & Western Railway Co. v. Reynolds

Citations

• 72 Ill. 487

Syllabus

<p>1. Garnishee—process may be sent to any county in the State. Where a judgment is rendered in the circuit court, process of garnishment can be sent to any county in the State where the garnishee may be found, and in this respect there is no difference between natural persons and corporations. Either may be served as garnishee.</p> <p>2. Appeabance—plea to the jurisdiction. Where a garnishee files a plea to the jurisdiction of the court, to which a demurrer is sustained, and the garnishee stands by his plea, this does not constitute a full appearance on the part of the garnishee, and it is error to render final judgment against him. In such case, the judgment should be a conditional one, as upon a default, and a scire facias ordered returnable to the next term.</p>