Legal Opinion

Bates v. Williams

Illinois Supreme Court

Decided April 15, 1867PublishedCited by 11 opinions

Appeal from the Circuit Court of Livingston county; the Hon. Charles H. Starr, Judge, presiding. The facts of the case sufficiently appear in the opinion of the court.

1Opinion of the CourtJustice Breese

The only questions made on this record are, as to the sufficiency of the declaration, and the assessment of damages by the jury.

The action was for debt on a replevin bond executed by appellant to a constable. On a trial of the suit in replevin, the plaintiff failed to establish his right to the property, and a writ of retorno hctbendo was awarded.

The main objection taken to the declaration is, that it does not aver, that the justice of the peace before whom the action of replevin was tried had jurisdiction of the cause.

When it is considered, that appellant himself sought that jurisdiction,…

2Cases cited1 opinion

  1. Shaw v. HavekluftIllinois Supreme Court · 1859

3Cited by11 opinions

  1. Wiggins v. City of ChicagoIllinois Supreme Court · 1873
  2. Dragovich v. Iroquois Iron Co.Illinois Supreme Court · 1915
  3. Fahnestock v. GilhamIllinois Supreme Court · 1875
  4. National Contract Purchase Corp. v. McCormickAppellate Court of Illinois · 1931
  5. Bierma ex rel. Chicago Laboratory Sanitarium v. Columbia Typewriter Manufacturing Co.Appellate Court of Illinois · 1913

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