Hopkins v. Ladd
Illinois Supreme Court
Appeal from the Circuit Court of Kendall county; the Hon. Madison E. Hollisteb, Judge, presiding. On the 22d day of March, 1862, Kohert Hopkins sued out of the Circuit Court- a writ of replevin against Josiah Ward, for the recovery of certain personal property. A replevin bond was duly executed, whereupon the writ was served, and the property placed in the possession of the plaintiff.
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Appeal from the Circuit Court of Kendall county; the Hon. Madison E. Hollisteb, Judge, presiding. On the 22d day of March, 1862, Kohert Hopkins sued out of the Circuit Court- a writ of replevin against Josiah Ward, for the recovery of certain personal property. A replevin bond was duly executed, whereupon the writ was served, and the property placed in the possession of the plaintiff. At the September Term, 1862, of the Circuit Court, that being the second term after the writ was sued out, the suit in replevin was dismissed for the reason no declaration had been filed therein, and thereupon…
1Opinion of the CourtJustice Bbeese
This was an action of debt on an ordinary replevin bond brought by the sheriff of Kendall county for the use of Ward against the obligors. The court gave judgment on the defendants’ demurrer to the plaintiff’s declaration for the amount of the penalty of the bond, and proceeded to assess the damages, whereupon the defendant objected to an assessment of damages without a jury. The court overruled the objection, to which' the defendant excepted, and has brought the case here and assigns this as one of the principal errors.
By section 15 of the practice act, it is provided, in all cases where…
2Cited by6 opinions
- Dyson v. Rhode Island CompanySupreme Court of Rhode Island · 1904
- Franks v. MatsonIllinois Supreme Court · 1904
- Lindsey v. HewittIndiana Court of Appeals · 1908
- Schott v. YoureeAppellate Court of Illinois · 1891
- Hanson ex rel. Hutchmacher v. Weber Implement Co.Appellate Court of Illinois · 1912
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