Legal Opinion

McClellan v. Powell

Appellate Court of Illinois

Decided August 28, 1903PublishedCited by 9 opinions

Replevin.—Appeal from the Circuit Court of McLean County; the Hon. Colostin D. Myers, Judge presiding. Heard in this court at the November term, 1902.

1Opinion of the CourtJustice Puterbaugh

This is a suit in replevin brought by appellee against appellant, for the recovery of certain property levied upon by appellant as constable, under an execution against appellee. Appellee claimed the property as exempt under the statute. At the time of the levy, appellee was conducting a cigar store and restaurant. He was the head of a family consisting of himself and wife, with whom he resided.

The property levied upon consisted of a stock of cigars and smoking and chewing tobacco of various grades, brands and values, and a lot of silverware, consisting of knives, forks, spoons, castors, a…

2Cases cited4 opinions

  1. Finlen v. HowardIllinois Supreme Court · 1888
  2. Langston v. MurphyAppellate Court of Illinois · 1889
  3. Moffett v. SheeheyAppellate Court of Illinois · 1893
  4. Pensoneau v. MasserangAppellate Court of Illinois · 1881

3Cited by9 opinions

  1. In the Matter of Richard E. BARKER, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1985
  2. Auto Owners Insurance v. BerkshireAppellate Court of Illinois · 1992
  3. In Re LantzUnited States Bankruptcy Court, N.D. Illinois · 2011
  4. Byrd v. ByrdCourt of Appeals of Georgia · 1962
  5. Canada Permanent Trust Co. v. FeilchenfeldCourt of Appeals for the Seventh Circuit · 1938

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