Leeper v. Hersman
Illinois Supreme Court
Wbit of Ebbob to the Circuit Court of Brown county; the Hon. Chauncey L. Higbee, Judge, presiding. This was an action of replevin, brought by Hersman against Leeper, to recover a horse in the possession of the defendant, alleged to be the property of the plaintiff. A trial in the court below resulted in a judgment for the plaintiff, to reverse which the defendant brings the record to this court.
1Opinion of the CourtJustice Thornton
The only error assigned, is, that the circuit court erred in sustaining the demurrer to the third plea. The following is the substance of it:
That at the March term, 1868, of the Brown 'circuit court, Edward Prince recovered judgment against James Valentine for $107.39 and costs of suit; that on the 25th day of March, 1868, an execution was issued on said judgment, directed and delivered to plaintiff in error, who then was, and until the institution of said suit continued to be, sheriff of said county, to execute; that by virtue of said execution, on the 28th of May, 1868, he seized and levied…
2Cited by7 opinions
- Melin v. Community Consolidated School District No. 76Illinois Supreme Court · 1924
- Estate of Ramsay v. People ex rel. Southern Illinois PenitentiaryIllinois Supreme Court · 1902
- Kinnear v. MackeyIllinois Supreme Court · 1877
- Stevenson v. PalmerSupreme Court of Colorado · 1890
- Mann v. OberneAppellate Court of Illinois · 1884
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