Bourk v. Riggs
Illinois Supreme Court
Writ of Error to the Circuit Court of the County of Kankakee; the Hon. Charles R. Starr, Judge, presiding. ■ On the áth of August, 1865, Louis Bourk instituted an action of replevin against William Biggs, before a justice of the peace in the County of Kankakee, for the recovery of a heifer. The cause was removed into the Circuit Court by appeal.
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Writ of Error to the Circuit Court of the County of Kankakee; the Hon. Charles R. Starr, Judge, presiding. ■ On the áth of August, 1865, Louis Bourk instituted an action of replevin against William Biggs, before a justice of the peace in the County of Kankakee, for the recovery of a heifer. The cause was removed into the Circuit Court by appeal. In that court the plaintiff filed a declaration containing two counts, the first for taking the property and the second for the detention of the same. Issues were formed upon the pleas non eepit and non detinel, and a trial resulted in a verdict of…
1Opinion of the CourtChief Justice Walker
This was an action of replevin brought before a justice of the peace for the recovery of a heifer. The cause was removed to the Circuit Court by appeal, where a trial was had, when the jury returned a verdict, simply, that they found for the defendant. The court caused the verdict to be entered in this form: “We find the defendant not guilty.” Upon being inquired of by the court, the jury replied, that their verdict was based on the want of proof of a demand, and they had not passed upon the title to the property. Whereupon the plaintiff in error moved the court to send the jury back, and…
2Cases cited1 opinion
- Vose v. HartIllinois Supreme Court · 1851
3Cited by7 opinions
- Hanford v. ObrechtIllinois Supreme Court · 1868
- Rohe v. PeaseIllinois Supreme Court · 1901
- Dobbins v. HanchettAppellate Court of Illinois · 1886
- Hackett v. JonesAppellate Court of Illinois · 1890
- Lucas v. GanslerIllinois Supreme Court · 1929
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