Rowe v. Bowen
Illinois Supreme Court
The property of the plaintiff, Eowe, was attached by the sheriff of Iroquois county, as the property of other parties. The plaintiff made a demand of the sheriff in writing, for a trial of right of property in said property attached, and gave security for costs, as required by the statute. A trial of right of property was had before the sheriff, and the verdict of the jury, filed September 3,1859, gave a larger portion of the property to the plaintiff.
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The property of the plaintiff, Eowe, was attached by the sheriff of Iroquois county, as the property of other parties. The plaintiff made a demand of the sheriff in writing, for a trial of right of property in said property attached, and gave security for costs, as required by the statute. A trial of right of property was had before the sheriff, and the verdict of the jury, filed September 3,1859, gave a larger portion of the property to the plaintiff. Both parties entered a motion for an appeal to the Circuit Court, and each party filed an appeal bond. At February term, 1860, a trial was had…
1Opinion of the CourtBreese, J.
We are not of the opinion that the inquiry before a sheriff into the right of parties claiming property, on which he has levied an execution, exalts such inquiry to the dignity of a judicial proceeding, making him, and his jury, a court. Such, we conceive, was not the design of the statute regulating the trial of the right of property before the sheriff, nor will any fair construction of it give to it that effect. The first statute authorizing such a proceeding was passed in 1821, and amended by subsequent acts, all of which were repealed by the act of January 29,1827, and which was also…
2Cited by10 opinions
- Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
- George v. PeopleIllinois Supreme Court · 1897
- United States Life Insurance v. VockeIllinois Supreme Court · 1889
- City of Aurora v. SchoeberleinIllinois Supreme Court · 1907
- Bellingham Bay Improvement Co. v. City of New WhatcomWashington Supreme Court · 1898
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