188 N.E. 415 | Ill. | 1933
This cause is here on certiorari to review an order of the Appellate Court dismissing a writ of error on the ground that a judgment in garnishment can be reviewed only on appeal.
Jose Byrd recovered a judgment against John P. Madden in the circuit court of Kankakee county for $4000. Upon the return of an execution nulla bona, garnishment proceedings were instituted by Madden, for the use of Byrd, against the Freeport Motor Casualty Company, and a judgment was obtained against the defendant garnishee for $4129.82 and costs. Orders for appeal were taken, a bond was filed and approved and a bill of exceptions was signed, all in apt time. Notwithstanding the appeal the garnishee sued out a writ of error from the Appellate Court for the Second District. Upon motion of Madden it was dismissed, as above stated. The claim is made by the garnishee that such a judgment may be reviewed either on appeal or writ of error. Madden contends that the judgment can be reviewed only on appeal.
In this State the right to appeal from a judgment or order of a nisi prius court in civil proceedings is purely statutory, and it is within the power of the legislature to prescribe the cases in which and the court to which a litigant may bring a cause for review by that method. But the writ of error, unless abolished by statute, is a writ of right applicable to all cases in which jurisdiction is exercised according to the course of the common law but inapplicable to cases not known to or in derogation of the common law (City of Chicago v.Steamship Lines,
A corollary of the rule thus adopted by this court is that in proceedings which are purely statutory and in which the jurisdiction of the court is not exercised according to the course of the common law there can be no review of the judgment of an inferior court unless it is specifically provided for by statute, and then the review must be had in the manner prescribed. (Hart Bros. v. West Chicago Park Comrs.
Garnishment is a statutory proceeding unknown to the common law. The jurisdiction of our courts in such a proceeding is not exercised according to the course of the common law and it cannot be extended to cases beyond the provisions of the statute. (Siegel, Cooper Co. v. Schueck,
In a statutory proceeding where one form of review is specifically given all other forms of review are excluded. *490
(Allerton v. Hopkins, supra; People v. McGoorty,
The order of the Appellate Court in dismissing the writ of error was correct and is therefore affirmed.
Order affirmed.