Gould v. Garrison
| Decision Date | 30 September 1868 |
| Citation | 1868 WL 5094,48 Ill. 258 |
| Parties | ANN GOULD et al.v.DAVID GARRISON et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Superior Court of Chicago.
This was a proceeding to enforce a mechanic's lien, the facts in which are sufficiently stated in the opinion.
Messrs. JEWETT & JACKSON, for the plaintiffs in error.
Mr. C. M. HARDY, for the defendants in error.
The objections to these proceedings, which are assigned as error, do not appear to be well taken.
The first objection, that a general execution was ordered against the property of Ann Gould, she not being within the jurisdiction of the court, is not founded on fact. As the supplemental record shows, a subpœna in chancery was duly issued against her, and returned non est, on which an order of publication was duly taken and made, by which she was brought within the jurisdiction of the court. Being within its jurisdiction, she was amenable to a decree, as well in personam as in rem. The ninth section of the mechanic's lien law provides that notice given to parties by publication in newspapers, under the direction of the court, shall be equivalent to personal service of such notice. Scates' Comp. 157. Ann Gould was, therefore, within the jurisdiction of the court, for all purposes connected with the suit, and a general judgment against her, in such case, is within the spirit and meaning of section 26 of the same act. The case of Conn v. Caldwell, 1 Gilm. 536, has no application, as that case arose under the attachment law.
It is further objected, that the decree provides for advertising the property in a manner not authorized by law. The decree required the sheriff to post notices of the sale for twenty days, three of them in three of the most public places in the county, and one on the premises. It is insisted that the act of 1857, relating to judgments and executions, requires, in addition to these notices, a notice in some newspaper.
It is not understood that this statute was intended to apply to sales under decrees in chancery, nor has it been so applied. The time of advertising, the manner thereof, and the terms of sale, are all within the discretion of the court granting the decree, and the officer must conform to the decree, whatever it may be.
The third point made by plaintiff in error is, that the decree finds the money is due complainants from both defendants, whereas the petition shows the...
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Pettis v. Johnston
...actions in rem (Robinson v. Kind, 23 Nev. 330, 47 P. 1, 977; Bernhardt v. Brown, 118 N.C. 700, 24 S.E. 527, 715, 36 L. R. A. 402; Gould v. Garrison, 48 Ill. 258; 17 Ency. Pl. & 119); and a real estate mortgage may be foreclosed without a personal judgment for the mortgage indebtedness (Echo......
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Pettis v. Johnston
...to convey real property, are actions in rem. (Robinson v. Kind. 23 Nev. 330; Bernhardt v. Brown, 118 N.C. 700, 24 S.E. 527; Gould v. Garrison. 48 Ill. 258; 17 Ency. Pl. & Pr. 119); and a real estate mortgage may be foreclosed without a personal judgment for the mortgage indebtedness (Echols......
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Blickensderffer v. Hanna
...ordered by the court, the executor or administrator must strictly conform to its requirements. Reynolds v. Wilson, 15 Ill. 394; Gould v. Garrison, 48 Ill. 258; v. Matter, 73 Mo. 457. In making the sale the administrator must comply with every essential requirement of the statute and strictl......
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Race v. Sullivan
...Rev. Stat. chap. 74, § 2; Albee v. Wachter, 74 Ill. 173. That a proceeding for a mechanic's lien is not entirely in rem, Gould v. Garrison, 48 Ill. 258; Clark v. Moore, 64 Ill. 273; Rev. Stat. chap. 82, §§ 9, 25. The court did not err in refusing to set aside the default and decree, Lynn v.......