Webster v. Steele

Citations

• 75 Ill. 544

Syllabus

<p>1. Garnishment—equitable claims not liable. Under the statute relating to garnishment, the choses in action or credits in the hands of the garnishee belonging to the debtor, must be due and owing to him, and must be of a legal, and not a merely equitable, character.</p> <p>3. When judgment is recovered by A for the use of B against O, the latter cannot be garnisheed by a creditor of B, as the legal title to the judgment is not in B, but in A.</p> <p>8. The statute authorizing the proceeding by garnishment only authorizes the creditor to recover such indebtedness as can be recovered by an action of debt, or in indebitatus assumpsit, in the name of the attachment or judgment debtor, against the garnishee.</p> <p>4. Same—form of judgment. The judgment against the garnishee must be rendered in favor of the attachment or judgment debtor, for the use or benefit of the attachment or judgment creditor, and whatever surplus there may be after paying the garnisheeing creditor, belongs to the attachment or judgment debtor in whose name the suit is prosecuted.</p>