Shelton v. Franklin
Illinois Supreme Court
Appeal from the Circuit Court of Livingston county; the Hon. Charles H. Wood, Judge, presiding. This was an action of replevin, brought by Charles E. Shelton against John Franklin. The opinion of the court shows the state of the pleadings and the facts of the case.
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Appeal from the Circuit Court of Livingston county; the Hon. Charles H. Wood, Judge, presiding. This was an action of replevin, brought by Charles E. Shelton against John Franklin. The opinion of the court shows the state of the pleadings and the facts of the case. Charles Packwood, the partner of the defendant, who sold the hogs, in his testimony stated that the hogs, at the time of the sale, were at what was called Babcock’s Grove; that the day he received the purchase money he went there and took possession of the hogs, and collected them together for the purchaser, who was present to…
1Per curiam
The only point we have considered raised in this record is, the effect of the injunction obtained by Franklin against his co-partner, Packwood, and Shelton, the appellant. It was served on Shelton before the writ of replevin was served on the property, and he knew that prior to that time, and prior to his alleged purchase of the hogs of Packwood, the latter had, by his bill in chancery filed for that purpose, enjoined Franklin from selling and disposing of the partnership property, which these hogs were. It was acting in bad faith, under these circumstances, for Packwood to attempt to sell…
2Cited by7 opinions
- Byles v. ColierMichigan Supreme Court · 1884
- Cook v. WolfIllinois Supreme Court · 1920
- Straus v. MinzesheimerIllinois Supreme Court · 1875
- H. M. Tyler Lumber Co. v. CharltonMichigan Supreme Court · 1901
- Vaughn v. OwensAppellate Court of Illinois · 1886
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