Ingalls v. Bulkley
Illinois Supreme Court
This was an action of replevin, brought in the Morgan Circuit Court by Bulkley against Ingalls. The declaration alleged that Ingalls, against sureties and pledges, &c., unjustly detained the horse of the said Bulkley, to wit, &c. The plea denied the detention, upon which there was an issue to the country. At March term, 1850, Woodson, Judge, presiding, the cause was submitted to a jury, and resulted in a verdict and judgment for Bulkley, the plaintiff below.
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This was an action of replevin, brought in the Morgan Circuit Court by Bulkley against Ingalls. The declaration alleged that Ingalls, against sureties and pledges, &c., unjustly detained the horse of the said Bulkley, to wit, &c. The plea denied the detention, upon which there was an issue to the country. At March term, 1850, Woodson, Judge, presiding, the cause was submitted to a jury, and resulted in a verdict and judgment for Bulkley, the plaintiff below. The bill of exceptions shows, that Bulkley proved, by the officer who executed the writ, that, when he went to take the horse, Ingalls…
1Opinion of the Court
Catón, J.
This was an action of replevin in the detinet alone, and it was undoubtedly necessary for the plaintiff to prove a demand and refusal, in order to establish an unlawful detention by the defendant. The officer testified that, at the time he executed the writ, the defendant told him that the plaintiff had sent a negro boy and another boy down after the horse, but that he would let neither of them have him; but that, if Bulkley had come himself after him, and paid all damages, he should have had him ; that he did not consider the demand of the boys legal or good; that he did not know…
2Cases cited1 opinion
- Watt v. PotterU.S. Circuit Court for the District of Rhode Island · 1820
3Cited by10 opinions
- Trudo v. AndersonMichigan Supreme Court · 1862
- Sopris v. TruaxSupreme Court of Colorado · 1868
- Ohio & Mississippi Railway v. NoeIllinois Supreme Court · 1875
- Gulath v. WaldsteinMissouri Court of Appeals · 1879
- Kime v. DaleAppellate Court of Illinois · 1884
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