Poppen v. Holmes
Illinois Supreme Court
Appeal from the Circuit Court of Stephenson county; the Hon. Benjamin B. Sheldon, Judge, presiding. This was an action of replevin brought in the court below, by Israel B. Holmes against Alfred Poppen, to recover a horse claimed by the plaintiff as his property.
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Appeal from the Circuit Court of Stephenson county; the Hon. Benjamin B. Sheldon, Judge, presiding. This was an action of replevin brought in the court below, by Israel B. Holmes against Alfred Poppen, to recover a horse claimed by the plaintiff as his property. The defendant claimed title by virtue of a sale of the horse by the pound-master of the town of Bidott, in Stephenson county, the horse having been impounded under certain by-laws of the town prohibiting the running at large of horses and some other animals during certain seasons of the year. The sale was made by the pound-master…
1Opinion of the CourtJustice Lawrence
The question presented by this record is, whether the sale of appellee’s horse, by the pound-master of the town of Bidott, divested the title of the owner. The horse had been impounded because running at large in violation of the town by-laws. There were no judicial proceedings before a magistrate prior to the sale, but the pound-master, the day after impounding the animal, advertised it for sale “ in satisfaction of fine and costs of proceeding.”
The authority of towns upon this subject is derived from the following statute:
“ The electors of each town shall have power, at their annual town…
2Cited by11 opinions
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