Winne v. Hammond
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. 8. Williams, Judge, presiding. This was an action of trespass, brought by Abraham L. Winne, against David S. Hammond, Sheriff, and John A. Kelson, his deputy, in the Cook Circuit Court; and the declaration was filed to the January term, 1864. The plaintiff counts for a trespass in levying an attachment, upon a number of fire proof safes, as the property of Lewis Lillie, the defendant in the attachment.
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Appeal from the Circuit Court of Cook county; the Hon. E. 8. Williams, Judge, presiding. This was an action of trespass, brought by Abraham L. Winne, against David S. Hammond, Sheriff, and John A. Kelson, his deputy, in the Cook Circuit Court; and the declaration was filed to the January term, 1864. The plaintiff counts for a trespass in levying an attachment, upon a number of fire proof safes, as the property of Lewis Lillie, the defendant in the attachment. The plea of the general issue was filed, and this stipulation: “It is hereby stipulated and agreed by and between the parties in said…
1Opinion of the CourtChief Justice Walker
In this case, after the evidence was closed, the court instructed the jury that plaintiff' was not a factor, under the contract with Lillie, and held no lien upon the property, and that they must find for the defendant. If there was evidence-that plaintiff was a factor, or even if it tended to prove that he was, no matter how slight the evidence, plaintiff had the right to have it passed upon by the jury. If such evidence was before .the jury, the court transcended its authority by taking it from their consideration; and was such an. error as would require a reversal of the judgment.
It…
2Cited by7 opinions
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- Couturie v. RoenschCourt of Appeals of Texas · 1911
- Rhee v. L. K. Small Co.California Court of Appeal · 1927
- State ex rel. Parker v. ThompsonSupreme Court of Missouri · 1894
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