Peck v. Hubbard
Appellate Court of Illinois
Error to the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. Peck brought an action of replevin to the August term, 1877, of the Cook County Circuit court against Kern, sheriff, Gal-pin, deputy sheriff, and one Hubbard, and the goods mentioned in the writ were taken and delivered to plaintiff. July 19, 1877, plaintiff filed his declaration in the cepii.
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Error to the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. Peck brought an action of replevin to the August term, 1877, of the Cook County Circuit court against Kern, sheriff, Gal-pin, deputy sheriff, and one Hubbard, and the goods mentioned in the writ were taken and delivered to plaintiff. July 19, 1877, plaintiff filed his declaration in the cepii. August 8, 1877, defendant filed pleas: (1) Won cejnt; (2) Property in Walter Treleaven; (3) Justification under a fieri facias issued out of the said Circuit Court in favor of said Hubbard against Treleaven on a…
1Opinion of the CourtMcAllister, J.
Ho replication having been filed, and the plaintiff not appearing when the case was called for trial, the court should have had the plaintiff called, and' on his failing to appeal’, given judgment as in case of nonsuit; or defendants might have taken a rule on plaintiff to reply instanter, if the case was properly on the trial calendar, and in default of compliance given like judgment. Heither course was pursued, but a jury was called and sworn to try the issues joined, when no issue had been joined by plaintiff, and he was not there, or anybody for him, to waive the want of replications.…
2Cases cited3 opinions
- Hanford v. ObrechtIllinois Supreme Court · 1868
- Seavey v. RogersIllinois Supreme Court · 1873
- Delano v. BennettIllinois Supreme Court · 1871
3Cited by3 opinions
- People v. ReuterAppellate Court of Illinois · 1900
- Stein v. TraegerAppellate Court of Illinois · 1920
- Condon v. CohnAppellate Court of Illinois · 1900