Legal Opinion

Keller v. Robinson & Co.

Appellate Court of Illinois

Decided April 28, 1894Published

Memorandum.—Replevin. In the Circuit Court of Jersey County; the Hon. George W. Herdman, Judge, presiding. Trial by the court, finding and judgment for plaintiff; appeal by defendants. Heard in this court at the November term, 1893, and affirmed.

1Opinion of the CourtJustice Pleasants

On September 4, 1893, appellee, an Indiana corporation, claiming under a chattel mortgage, replevied a traction engine from appellant, the sheriff, who had levied upon and taken it by virtue of two executions against the mortgagor. The declaration. was in two counts, the cejAt and the deimiet. Defendant pleaded, besides the general issues, property in the mortgagor and justification under the executions; on all of which issues were made and the cause heard by the court without a jury, upon the pleadings, and a written stipulation as to the facts. On all the issues the court found for the…

2Cases cited3 opinions

  1. Cranz v. KrogerIllinois Supreme Court · 1859
  2. Silvis v. C. Aultman & Co.Illinois Supreme Court · 1892
  3. Ohio & Mississippi Railway v. NoeIllinois Supreme Court · 1875

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