Truitt v. Griffin

Citations

• 61 Ill. 26

Syllabus

<p>1. 'Placita—transcript of record. Where the piadla appeared, not at the beginning of the transcript, but in the latter part, but precedes the final judgment in the case, it was held that the law was complied with requiring that the judgment must appear to have been rendered by a court regularly organized.</p> <p>2. Garnishee summons—service. Where the return of the'sheriff failed to show that he was unable to find property to satisfy a writ of attachment, but was regularl3r served on a number of garnishees; Held, that whilst it would have Been more regular to have returned nulla bona, and although the garnishees might have quashed the return, if not amended, the court, nevertheless, acquired jurisdiction, and the irregularity is waived by answering interrogatories. A levy on property, or service of a garnishee, is necessary to confer jurisdiction in a suit by attachment.</p> <p>3. Garnishee—answer as evidence. The sworn answer of a garnishee must be taken as true until overcome by evidence.</p> <p>4. Answer—replication. A paper filed for a replication, but which fails to traverse the truth of an answer, or any part o'f it, is not a replication, puts nothing in issue, and the answer must be taken to be true.</p> <p>5. Pleadings—certainty. Pleadings must be certain, and if not, from omission of essential portions, the court can not supply such parts.</p> <p>6. Trustee—statute of frauds. A party may convey property to a trustee with power to defend it-from litigation, and to raise funds to defend the grantor against a criminal charge, or to procure bail, and it will be, if made in good faith, valid against creditors and others not having prior liens. But a further trust that it should also be held in trust for the support of the grantor and his family, is within the statute of frauds, and is void to that extent; and where the trustee had incurred liabilities for the defense of the grantor equal to the fund in his hands, he would be entitled to hold it as against all