Fox v. Kitton
Illinois Supreme Court
ERROR TO COOK COUNTY COURT OE COMMON PLEAS. This was an action of replevin, brought by the plaintiff in error against the defendant in error, in the Cook county Court of Common Pleas, on the ninth day of July, 1855, to recover possession of the brig Lowell, of Buffalo. The record shows the filing of the affidavit, the issuing of the writ, the bond to the sheriff, and the execution of the writ, by the taking and delivery of the brig to the said plaintiff.
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ERROR TO COOK COUNTY COURT OE COMMON PLEAS. This was an action of replevin, brought by the plaintiff in error against the defendant in error, in the Cook county Court of Common Pleas, on the ninth day of July, 1855, to recover possession of the brig Lowell, of Buffalo. The record shows the filing of the affidavit, the issuing of the writ, the bond to the sheriff, and the execution of the writ, by the taking and delivery of the brig to the said plaintiff. The declaration is in the detinet, and contains only one count. The picas are non-detinel, and property in the defendant, upon which issues…
1Opinion of the CourtBreese, J.
The questions in this case arise out of the refusal of the court below to give the third instruction asked by the plaintiff, and giving the instructions asked by the defendant.
To determine these correctly, the facts must be understood. The action was replevin for the brig Lowell, in which the right of possession was the controlling question. The plaintiff claimed the right to the immediate possession of the brig, in virtue of a chattel mortgage, executed by the defendant to him on the 3rd day of March, 1854, to secure certain notes. One of these notes, for $1,200, payable six months after…
2Cited by32 opinions
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Dingley v. OlerSupreme Court of the United States · 1886
- Bonde v. WeberIllinois Supreme Court · 1955
- Sullivan v. McMillanSupreme Court of Florida · 1890
- O'Neill v. Supreme CouncilSupreme Court of New Jersey · 1904
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