Bank v. Canniff

• Decision Date: 19 June 1894
• Citation: 37 N.E. 898,151 Ill. 329
• Parties: COMMERCIAL NAT. BANK v. CANNIFF.
• Court: Illinois Supreme Court

151 Ill. 329

37 N.E. 898

COMMERCIAL NAT. BANK

v.CANNIFF.¹

Supreme Court of Illinois.

June 19, 1894.

Appeal from appellate court, first district.

Attachment by the Commercial National Bank against John McCahill. The attached property was claimed by Freeman Canniff, who obtained judgment for it. This judgment was affirmed by the appellate court, and plaintiff appeals. Affirmed.

Weigley, Bulkley & Gray, for appellant.

Andrews, Miller & Gettys, M. H. Eaton, and H. G. Weed, for appellee.

PHILLIPS, J.

Appellant sued out a writ of attachment from the superior court of Cook county against one McCahill, and levied on a stock of boots and shoes and other articles in a certain building formerly occupied by McCahill as a store. A trial was had before the court, a jury being waived, and a verdict and judgment were entered for the claimant. No propositions or questions of law were presented that are involved in this record to be passed on by the trial court. The appellate court affirmed the judgment on appeal, and then certified that questions of law were involved, of such importance, on account of principal and collateral interests, that they should be passed upon by the supreme court. On the trial of the case in the superior court, claimant offered proof as to his ownership of the attached property, and made out a prima facie case, and the appellant offered proof showing that McCahill's signs were on the windows and awning of the building at the time of the levy, and an employé in charge of the store was one formerly in the employ of McCahill. No evidence was offered by appellee of any indebtedness of McCahill to it, and in the opinion of the appellate court that question is discussed, and the opinion expressed by that court that, in the absence of proof that appellant was a creditor, the prima facie case of plaintiff could not be assailed by it. The entire discussion of the question of law sought to be raised in this court by appellant arises, not on the record made before the trial court, but on the opinion of the appellate court. When a declaration alleges a good cause of action, and there is issue and trial thereon, and no propositions of law are presented to the trial court, and no exceptions to the rulings of the court in admitting or excluding testimony,and no question of law otherwise arising on the record as made before the trial court, the finding of that court on the facts, which was affirmed by the appellate court, is conclusive on ...