Legal Opinion

Pease v. L. Fish Furniture Co.

Illinois Supreme Court

Decided October 24, 1898PublishedCited by 10 opinions

Writ op Error to the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Arthur H. Chetlain, Judge, presiding. This was an action of replevin brought by the L. Fish Furniture Company, against .James Pease, sheriff of Cook county, to recover certain furniture fully described in the affidavit upon which the action was brought.

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Writ op Error to the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Arthur H. Chetlain, Judge, presiding. This was an action of replevin brought by the L. Fish Furniture Company, against .James Pease, sheriff of Cook county, to recover certain furniture fully described in the affidavit upon which the action was brought. The declaration was in the usual form, to which the defendant pleaded non cepit, non detinet and one other plea, in which he alleged that on the sixth day of February, 1895, one Hayes recovered a judgment…

1Opinion of the CourtJustice Craig

There is no controversy in regard to the facts in this case. The plaintiff in error claims the right to hold the property under an execution against Abby Pinkston, while, on the other hand, the defendant in error, the L. Fish Furniture Company, claims the property under two chattel mortgages executed by Abby Pinkston, which were acknowledged and recorded prior to the time the execution was issued and delivered to the sheriff.

It appeared from the evidence that the L. Fish Furniture Company was a dealer in furniture on what is called the “installment plan,” and on the 12th day of September,…

2Cases cited2 opinions

  1. Merrick v. WallaceIllinois Supreme Court · 1858
  2. Mantonya v. Martin Emerich Outfitting Co.Illinois Supreme Court · 1898

3Cited by10 opinions

  1. Woodward v. DonovanAppellate Court of Illinois · 1912
  2. Eaton State Bank v. FlesherAppellate Court of Illinois · 1927
  3. Niepschield v. ReussAppellate Court of Illinois · 1901
  4. Greenwald v. LeeAppellate Court of Illinois · 1929
  5. Martin & Co. v. Heilman Machine WorksAppellate Court of Illinois · 1900

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