Kapischki v. Koch
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. The action below was trespass, brought by the appellant, ag'ainst the appellees.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. The action below was trespass, brought by the appellant, ag'ainst the appellees. The case sought to be made by the declaration was, that appellees, with malicious intent to extort money from appellant and to injure him in his good name and credit as a business man, had instituted an action of replevin against him, and by virtue of a writ of replevin had taken from his possession a portion of a stock of shoes,…
1Opinion of the CourtJustice Boggs
The pleas in abatement having been withdrawn with the consent of the appellant, and the cause having" been submitted without objection upon the issues raised by the pleas of not guilty, it is unnecessary to consider as to the correctness of the rulings of the court on the motion to strike the pleas in abatement from the files, in allowing such pleas to be amended, and as to the sufficiency of a demurrer to a replication to those pleas.
The unauthorized seizure and retention of the goods vested appellant with thp right to institute an action in trespass, in which he could recover compensatory…
2Cases cited1 opinion
- City of Chicago v. BabcockIllinois Supreme Court · 1892
3Cited by10 opinions
- Chicago Title & Trust Co. v. CoreIllinois Supreme Court · 1906
- MacDonald v. DexterIllinois Supreme Court · 1908
- Larson v. Mobile Home Finance Co.Appellate Court of Illinois · 1967
- Cincinnati, Hamilton & Dayton R. R. v. GoodsonAppellate Court of Illinois · 1902
- Bogden v. MilauckasAppellate Court of Illinois · 1942
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