Wooley v. Fry
Illinois Supreme Court
This was an action of replevin, instituted to recover possession of two horses, which Fry had levied on (he being deputy sheriff of Greene county) as the property of one William Briscoe. The declaration was for the wrongful detention of said property. The plea is the general issue, with an agreement of attorneys that all special matters in bar of suit should be allowed under said plea. On this issue trial was had, and a verdict for defendant.
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This was an action of replevin, instituted to recover possession of two horses, which Fry had levied on (he being deputy sheriff of Greene county) as the property of one William Briscoe. The declaration was for the wrongful detention of said property. The plea is the general issue, with an agreement of attorneys that all special matters in bar of suit should be allowed under said plea. On this issue trial was had, and a verdict for defendant. Plaintiff moved for a new trial, which was overruled, and a judgment entered. The testimony showed, that William A. Davis had a mortgage on the horses…
1Opinion of the CourtWalker, J.
The bill of exceptions in this case, does not purport to contain all of the evidence. That being the case, the correctness of the finding of the jury is not involved. It has been uniformly held, that in the absence of such a statement, all of the presumptions are in favor of the. verdict, and that it was supported by the evidence on the trial.
No objection is perceived, to the refusal of the court to give plaintiff’s instructions as asked. The first asserts, that the absence of the mortgagee in St-.. Louis at the time, and for the period of two days, after the maturity of the mortgage, was a…
2Cited by6 opinions
- Warren Company v. DicksonSupreme Court of Georgia · 1938
- Bell v. PrewittIllinois Supreme Court · 1872
- Richley v. ChildsAppellate Court of Illinois · 1904
- Upton v. CraigIllinois Supreme Court · 1870
- Kaysing v. HughesIllinois Supreme Court · 1872
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