Kellogg v. Holly
Illinois Supreme Court
The defendant in error brought a suit against the plaintiff in error before a justice of the peace of Washington county, in which suit she recovered judgment against Kellogg, for six dollars and twenty-five cents, and costs of suit. Kellogg appealed to the Circuit Court of Washington county, and at the September term, 1861, of that court, the judgment of the justice was affirmed by the court who tried the case, without the intervention of a jury, by agreement of parties.
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The defendant in error brought a suit against the plaintiff in error before a justice of the peace of Washington county, in which suit she recovered judgment against Kellogg, for six dollars and twenty-five cents, and costs of suit. Kellogg appealed to the Circuit Court of Washington county, and at the September term, 1861, of that court, the judgment of the justice was affirmed by the court who tried the case, without the intervention of a jury, by agreement of parties. Kellogg moved for a new trial, and in arrest of judgment, which motions were overruled. The bill of exceptions shows the…
1Opinion of the CourtCaton, C. J.
We can see no possible reason for reversing this judgment. The wool was assigned to the widow as a part of her portion, which vested in her the complete title to it. And it seems difficult to say, why she should not recover its value from the defendant, who has wrongfully converted it. If he had a lien upon the wool for the carding, he should have specified it, so that the plaintiff could, have paid the amount. But he placed its detention upon no such ground. It is evident that he designed to deprive the plaintiff of her wool, for the value of which, the court'very properly rendered a…
2Cited by4 opinions
- Chambers v. RoweIllinois Supreme Court · 1864
- Crawford v. NassoyAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of ScovilleAppellate Court of Illinois · 1886
- Whipple v. TuckerAppellate Court of Illinois · 1905