Miner v. Phillips
Illinois Supreme Court
Appeal, from the Circuit Court of Jo Daviess county; the Hon. Benjamin R. Sheldon, Judge, presiding. This was an action of replevin brought in the court below by Ludwig Phillips against Simeon K. Miner, to recover a quantity of dry goods.
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Appeal, from the Circuit Court of Jo Daviess county; the Hon. Benjamin R. Sheldon, Judge, presiding. This was an action of replevin brought in the court below by Ludwig Phillips against Simeon K. Miner, to recover a quantity of dry goods. The defendant pleaded non cepit, non detimet, and a special plea, that the defendant was sheriff at the time of the taking, land seized said goods by virtue of a writ of attachment issuing out of the Circuit Court of Jo Daviess county, Illinois, wherein one Frederick Lewis was plaintiff and Joseph Horwitz was defendant; that judgment was recovered in said…
1Opinion of the CourtChief Justice Walker
The grounds relied upon for a reversal in this case are, the admission of improper, and the rejection of proper, evidence ; that the finding of the jury is not sustained by the testimony; and overruling the motion for a new trial. This was the third trial in the court below, the first of which resulted in favor t appellant and the other two in favor of appellee. The transcript fails to show that it contains all of the evidence on the trial in the coiu’t below. The practice is long and well settled in this court, that, where a bill of exceptions fails to show that it contains all the evidence…
2Cited by18 opinions
- Scovill Manufacturing Co. v. CassidyIllinois Supreme Court · 1916
- Diamond Glue Co. v. WietzychowskiIllinois Supreme Court · 1907
- Cogshall v. BeesleyIllinois Supreme Court · 1875
- Parrish v. ThurstonIndiana Supreme Court · 1882
- Shockey v. MillsIndiana Supreme Court · 1880
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