Whisler v. Roberts
Illinois Supreme Court
ERROR TO EULTON. This is an action of replevin. The defendant in error commenced his suit against the plaintiff in error, in the Fulton Circuit Court, on the 28th Sept., 1857, by the filing of an affidavit which reads as follows, to wit: STATE OE ILLINOIS, 1 COUNTY OE EULTON.
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ERROR TO EULTON. This is an action of replevin. The defendant in error commenced his suit against the plaintiff in error, in the Fulton Circuit Court, on the 28th Sept., 1857, by the filing of an affidavit which reads as follows, to wit: STATE OE ILLINOIS, 1 COUNTY OE EULTON. J On this 24th day of September, A. D. 1857, came before me the undersigned circuit clerk of said county, William Roberts, who, being first duly sworn, upon his oath says, that he is owner of and lawfully entitled to the possession of a certain span of mares, both gray, one three years old past, and the other supposed to…
1Opinion of the CourtBreese, J.
The first question presented by the record, is the sufficiency of the affidavit on which the writ of replevin issued. It is urged by the plaintiff in error that it is insufficient, because it does not contain the allegation that' the property was unlawfully taken, or unlawfully detained.
The statute, chap. 89, R. L. 1845, title “ Replevin,” requires no such allegation. The third section of that act provides “ that the person or persons bringing such action, or some one in his, her or their behalf, shall, before any writ shall issue, make oath or affirmation before the clerk of the Circuit…
2Cited by2 opinions
- Giffert v. WilsonAppellate Court of Illinois · 1886
- Ryan v. SchuttAppellate Court of Illinois · 1907