Hanchett v. Williams
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. John G. Rogers, Judge, presiding. An action of replevin was commenced by appellee against appellant in Justice Court, and the goods not being found, the writ stood as a summons in trover. Judgment was entered against the appellant by the Justice.
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Appeal from the Circuit Court of Cook County; the Hon. John G. Rogers, Judge, presiding. An action of replevin was commenced by appellee against appellant in Justice Court, and the goods not being found, the writ stood as a summons in trover. Judgment was entered against the appellant by the Justice. An appeal was perfected to the Circuit Court where the case was submitted to the court for trial without a jury, and there was a finding and judgment against appellant for $150, to review which judgment this appeal is brought. The evidence tended to show that appellee had four barrels of wine, in…
1Opinion of the CourtMoran, P. J.
The court found that the four barrels or casks of wine belonging to the plaintiff were in the store of Howe, and levied upon by the Sheriff as the goods of Howe, and were sold by the Sheriff and the proceeds paid over on the execution. This finding is plainly supported by the evidence but it is contended by appellant’s counsel that there could be no recovery against the Sheriff in trover because there was no demand made upon him by appellee for the goods.
Demand and refusal are only evidence of conversion in an action of trover, and if it is shown by the evidence that the goods for which…
2Cases cited3 opinions
- Duncan v. StoneSupreme Court of Vermont · 1872
- Howitt v. EstelleIllinois Supreme Court · 1879
- Kime v. DaleAppellate Court of Illinois · 1884
3Cited by7 opinions
- Schmitt v. Edward Hines Lumber Co.Appellate Court of Illinois · 1906
- Dishneau v. NewtonWisconsin Supreme Court · 1895
- Community Acceptance Corp. v. FalzoneAppellate Court of Illinois · 1951
- Kenyon v. ManleyAppellate Court of Illinois · 1906
- Leman v. BestAppellate Court of Illinois · 1889
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