Legal Opinion

Underwood v. White

Illinois Supreme Court

Decided September 15, 1867PublishedCited by 8 opinions

Appeal from the Circuit Court of Stephenson county; the Hon. Benjamin It. Sheldon, Judge, presiding. This was an action of replevin brought by Israel Underwood, the appellant, in the Circuit Court of Stephenson county to replevy from Miles White, the appellee, cattle, hogs, etc.

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Appeal from the Circuit Court of Stephenson county; the Hon. Benjamin It. Sheldon, Judge, presiding. This was an action of replevin brought by Israel Underwood, the appellant, in the Circuit Court of Stephenson county to replevy from Miles White, the appellee, cattle, hogs, etc. The defendant filed five pleas, viz.: first, non cepit; second, non detinet; third, that property was not in the plaintiff; fourth, property in defendant; fifth, property in William Corning, Daniel W. Hays and Alanson P. Kenedy. Issue was joined on all the pleas, and cause tried at the April Term of said court. The…

1Opinion of the CourtJustice Walker

It is not contested, that the evidence is so conflicting as that the court will not disturb the finding of the jury because it is against the weight of the evidence. We shall, therefore, pass to the consideration of other questions urged for a reversal.

It is insisted, that the court below erred in refusing to give appellant’s sixth instruction. Upon an examination of the record, we find that the principle it contains is more fully and clearly announced in his fifth instruction than it is in the instruction refused. It has been so repeatedly held by this court, that the court trying a cause…

2Cases cited1 opinion

  1. Vose v. HartIllinois Supreme Court · 1851

3Cited by8 opinions

  1. Johnson v. FraserIdaho Supreme Court · 1888
  2. Rohe v. PeaseIllinois Supreme Court · 1901
  3. Hackett v. JonesAppellate Court of Illinois · 1890
  4. Lavelle v. LowryMontana Supreme Court · 1885
  5. MacLachlan v. PeaseAppellate Court of Illinois · 1896

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