Legal Opinion

Poppen v. Holmes

Illinois Supreme Court

Decided April 15, 1867PublishedCited by 11 opinions

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.

Read the full summary

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

  1. Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
  2. Newman v. PeopleSupreme Court of Colorado · 1896
  3. Gilchrist v. SchmidlingSupreme Court of Kansas · 1873
  4. Thompson v. Tobacco Root Co-Op. State Grazing DistrictMontana Supreme Court · 1948
  5. Smith v. CostelloIdaho Supreme Court · 1955

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API