In force, Feb.[February] 12, 1839.
AN ACT in relation to garnishees.
1Garnishee.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever a judgment has heretofore been rendered by any court of record, or
shall hereafter be rendered by any court of record, or any justice of the peace, in
this State, and an execution against the defendant or defendants in said judgment shall have
been returned by the proper officer, “no property found,” on the affidavit of the
plaintiff, or other credible person, being made before the clerk of said court or
justice of the peace, that said defendant or defendants have no property within the
knowledge of such affiant, in his or their possession, liable to execution; and that
such affiant hath just reason to believe that another person or persons is or are
indebted to such defendant or defendants, or hath or have any effects or estate of
such defendant or defendants in his or their hands, it shall be lawful for said court,
or justice of the peace, to cause the person or persons supposed to be indebted to,
or supposed to have any of the effects or estate of, the said defendant or defendants,
to be summoned forthwith to appear before said court or justice, as a garnishee or garnishees; and said court, or justice of the peace, shall examine
and proceed against such garnishee or garnishees, in the same manner as is required
by law against garnishees in original attachments.
Affidavit to be filed.
Sec. 2. No proceedings against a garnishee or garnishees shall be quashed or set aside,
or said garnishee or garnishees discharged, on account of any insufficiency of the
original affidavit or summons, if the plaintiff and plaintiffs, or other credible
person, for him, shall cause a legal and sufficient affidavit to be filed, or the summons to be amended
in such time and manner as the courts, or justices of the peace, shall respectively
in their discretion direct; and in that event, the cause shall proceed as if such
proceedings had originally been sufficient.
Approved, February 12, 1839.
1John J. Hardin introduced HB 66 to the House of Representatives on December 22, 1838. The House passed the bill on January 3, 1839. The Senate passed the bill on February 4. The Council of Revision approved the bill on February 12 and the act became law.
Journal of the House of Representatives (Vandalia, IL: William Walters, 1838), 128, 146, 159, 344, 368, 374, 392; Journal of the Senate (Vandalia, IL: William Walters, 1838), 134, 149, 201, 262, 272, 309.
Printed Document, 1 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 86,GA Session: 11-1,