Dexter v. Parkins
Illinois Supreme Court
The property in question was levied upon by virtue of an execution upon a judgment before a justice of the peace, in favor of John Dexter against John Smallridge, dated 5th December, 1857, on judgment recovered by said Dexter against Smallridge, on 5th December, 1857, for $110 and costs, and'the property levied upon as the property of Smallridge by a constable, on the 15th day of December, 1857. Parkins claimed the property as his, and had a trial of the right of property…
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The property in question was levied upon by virtue of an execution upon a judgment before a justice of the peace, in favor of John Dexter against John Smallridge, dated 5th December, 1857, on judgment recovered by said Dexter against Smallridge, on 5th December, 1857, for $110 and costs, and'the property levied upon as the property of Smallridge by a constable, on the 15th day of December, 1857. Parkins claimed the property as his, and had a trial of the right of property before the justice of the peace, on which trial the jury rendered a verdict in favor of Dexter against the claimant, from…
1Opinion of the CourtBreese, J.
The questions arising on this record are, first, as to the admissibility of the wife of the defendant in execution, as a witness on the part of the claimant of the property under a bill of sale, made by such defendant, and second, on the instructions.
Section twelve of the act respecting the trial of the right of property, provides (Scates’ Comp. 1116,) that in no case of such trial shall the defendant in execution be a competent witness.
In first Greenleaf on Evidence, Sec. 341, it is said, where the husband or'wife is not a party to the record, but yet has an interest directly involved in the…
2Cited by6 opinions
- Jacobson v. PattersonAppellate Court of Illinois · 1914
- Baars v. CrearySupreme Court of Florida · 1887
- Corrigan v. MillerAppellate Court of Illinois · 1949
- Commercial National Bank v. CanniffAppellate Court of Illinois · 1893
- Fisher v. BollmanAppellate Court of Illinois · 1930
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