Adams v. Shepard
Illinois Supreme Court
An issue of property in the plaintiff in error, Adams, was submitted to, and tried by the court, in an action of replevin, on the 5th March, 1860, and taken under advisement until the 14th March. On that day the court found the issue for the plaintiff in error, Adams, and the following minutes were made: By the court: “ March 14—Judgment for defendant, with retorno habendo. Motion for new trial overruled—suspend till to-morrow, because question of damages not determined.”
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An issue of property in the plaintiff in error, Adams, was submitted to, and tried by the court, in an action of replevin, on the 5th March, 1860, and taken under advisement until the 14th March. On that day the court found the issue for the plaintiff in error, Adams, and the following minutes were made: By the court: “ March 14—Judgment for defendant, with retorno habendo. Motion for new trial overruled—suspend till to-morrow, because question of damages not determined.” By the court: “ March 14—Judgment for defendant, with retorno habendo. Damages assessed at f>-. Motion by plaintiff for…
1Opinion of the CourtWalker, J.
At the common law, which recognized trials alone by jury, a non-suit could only be submitted to before the jury retired to consider of their verdict. But, under our statute permitting the parties to try their cause by the court, without a jury, and permitting either party to except to the opinion of the coui’t, a difficulty may arise as to the precise time at which a party must take his non-suit. The question is then presented, whether the non-suit was asked for and submitted to before this case was finally determined. The court had heard the evidence, and found the title of the property in…
2Cited by5 opinions
- Meyer v. National Biscuit Co.Court of Appeals for the Seventh Circuit · 1909
- Prindiville v. LeonAppellate Court of Illinois · 1882
- Wilson Sewing Machine Co. v. LewisAppellate Court of Illinois · 1882
- Stanton v. KinseyAppellate Court of Illinois · 1892
- Turnock v. WalkerAppellate Court of Illinois · 1894