{
  "id": 5224356,
  "name": "First National Bank, Lapeer, Michigan, v. Simcoe Chapman et al.",
  "name_abbreviation": "First National Bank v. Chapman",
  "decision_date": "1898-06-29",
  "docket_number": "",
  "first_page": "105",
  "last_page": "106",
  "citations": [
    {
      "type": "official",
      "cite": "77 Ill. App. 105"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "17 Ill. App. 429",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        867341
      ],
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    {
      "cite": "96 Ill. 560",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2715727
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/96/0560-01"
      ]
    },
    {
      "cite": "17 Ill. 281",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2592454
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/17/0281-01"
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    {
      "cite": "3 Gil. 518",
      "category": "reporters:state",
      "reporter": "Gilmer",
      "opinion_index": 0
    }
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  "last_updated": "2023-07-14T16:36:43.320990+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "First National Bank, Lapeer, Michigan, v. Simcoe Chapman et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Sears\ndelivered the opinion of the court.\nThe bill of complaint in this case was filed to remove alleged fraudulent conveyances out of the way of an execution issued upon a judgment recovered by the complainant. The bill sought no other relief. It was, however, alleged in the bill that an execution had issued on the judgment, and that afterward an alias execution was issued which was still in the hands of the sheriff unreturned and no part satisfied. A general demurrer to the bill of complaint was sustained and the bill dismissed.\nThe only ground suggested upon which the demurrer was sustained is that the bill failed to allege the return upon the first execution. This was unnecessary. It was sufficient in this behalf that the complainant had obtained judgment and that the conveyances set forth in the bill were, fraudulent. Miller v. Davidson, 3 Gil. 518; Weightman v. Hatch, 17 Ill. 281; Shufeldt v. Boehn, 96 Ill. 560; Fusze v. Stern, 17 Ill. App. 429; Binnie v. Walker, 25 Id. 82; Quinn v. The People, 45 Id. 547.\nHo allegation was necessary as to return of an execution, and, having needlessly alleged that two executions had issued, it was enough to show that the alias unsatisfied was then in the hands of the sheriff.\nThe demurrer should have been overruled. The decree is reversed and the cause remanded.",
        "type": "majority",
        "author": "Mr. Justice Sears"
      }
    ],
    "attorneys": [
      "George B. Power and S. Laing Williams, attorneys for appellant.",
      "No appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "First National Bank, Lapeer, Michigan, v. Simcoe Chapman et al.\n1. Bill in Aid of Execution\u2014Necessary Allegations.\u2014In a bill to remove alleged fraudulent conveyances out of the way of an execution issued upon a judgment recovered by the complainant, it is not necessary to allege the return of an execution. It is sufficient to allege that the complainant obtained judgment and that the conveyances set forth in the bill were fraudulent.\nBill to Remove a Fraudulent Conveyance.\u2014Trial in the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Hearing on general demurrer and bill dismissed. Appeal by complainant.\nHeard in this court at the March term, 1898.\nReversed and remanded.\nOpinion filed June 29, 1898.\nGeorge B. Power and S. Laing Williams, attorneys for appellant.\nNo appearance for appellee."
  },
  "file_name": "0105-01",
  "first_page_order": 107,
  "last_page_order": 108
}
