Bates v. Ball
Illinois Supreme Court
Writ of Error to the Circuit Court of Vermilion county; the Hon. James Steele, Judge, presiding. This was an action of trover, brought by the plaintiff in error against the defendants in error, for the conversion of a promissory note belonging to and payable to the plaintiff in error.
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Writ of Error to the Circuit Court of Vermilion county; the Hon. James Steele, Judge, presiding. This was an action of trover, brought by the plaintiff in error against the defendants in error, for the conversion of a promissory note belonging to and payable to the plaintiff in error. It is alleged in the declaration that the defendants in error caused the arrest of the plaintiff under a capias ad respondendum, and whilst he was so under arrest, and for the purpose of procuring his release and freedom, caused him to asssign the note to John McVev, one of the defendants, without any…
1Opinion of the CourtJustice Walker
It is objected that the court below erred in admitting improper evidence on behalf of defendants in error. Plaintiff in error attempted to establish, as a defense, that he had been arrested on a capias ad respondendum, at the suit of Ball, for the purpose of compelling him to assign the note in controversy, and that he was thus induced to make the assignment. Hall, the constable, to whom the capias had been delivered, and who then held it. testified that plaintiff in error was not arrested under the capias, nor did he know that it was in existence, but that he was arrested under a bail piece,…
2Cited by18 opinions
- Chicago, Rock Island & Pacific Railway Co. v. LewisIllinois Supreme Court · 1884
- Wells v. HoustonCourt of Appeals of Texas · 1900
- Bruen v. PeopleIllinois Supreme Court · 1903
- Coody v. CoodySupreme Court of Oklahoma · 1913
- Cameron v. . Power Co.Supreme Court of North Carolina · 1905
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