Truesdale v. Morrison

Citations

• 84 Ill. 420

Syllabus

<p>Chancery—to enjoin judgment at law, and try question of indebtedness. An account accrued against a party who died, insol vent; no administration was had on his estate. After more than two years from the date of his death, and more than three years after the date of the last item in the account, an attachment suit was brought against the widow of the deceased, upon said account, and a judgment rendered against her without service on her or knowledge, on her part, of the suit, and a judgment in said proceeding was also rendered against her debtor on garnishee process. Upon a bill by her to enjoin the collection of this judgment, charging insolvency of ■the plaintiffs in the attachment and the sureties on the attachment bond, it was held to be error to dismiss the bill, but that an issue should have been made up as to the existence of the indebtedness claimed in the attachment suit, and a decree rendered according to the rights of the parties.</p>