Boudreau v. Boudreau
Illinois Supreme Court
Writ of Error to the Circuit Court of Kankakee county; the Hon. Charles R. Starr, Judge, presiding. This was an action of replevin, instituted by the defendant in error, as administratrix of Emilien Boudreau, in the court below, against the plaintiff in error, the father of the deceased, to recover two bay mares, claimed by defendant in error, to have been a gift to her deceased husband by his father.
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Writ of Error to the Circuit Court of Kankakee county; the Hon. Charles R. Starr, Judge, presiding. This was an action of replevin, instituted by the defendant in error, as administratrix of Emilien Boudreau, in the court below, against the plaintiff in error, the father of the deceased, to recover two bay mares, claimed by defendant in error, to have been a gift to her deceased husband by his father. The cause was tried before a jury, who found a verdict for the plaintiff, whereupon the defendant made a motion for a new trial, which was overruled by the court, and judgment entered upon the…
1Opinion of the CourtChief Justice Breese
The only ground of claim to the mares in dispute, is a supposed gift of them by the plaintiff in error to his son, who, being dead, is represented by the defendant in error, his widow and administratrix. The proof of the gift rests entirely upon the testimony of Flora Beterneau, who says the defendant said he had given his son, the deceased, a team of horses, that was all he could give him then. The defendant was then driving a brown mare and a grey horse, and that team took the deceased and defendant home from the witness’ house where they were visiting. She knew nothing of the mares in…
2Cited by4 opinions
- Dickeschied v. Exchange BankWest Virginia Supreme Court · 1886
- Wright v. BuchananIllinois Supreme Court · 1919
- May v. MayAppellate Court of Illinois · 1890
- Thompson v. FullinwiderAppellate Court of Illinois · 1880