Byrne v. Stout
Illinois Supreme Court
This cause was heard before Underwood, Judge, at October term, 1853, of the Bond Circuit Court. The ease is stated in the opinion of the court The cause was, by consent of parties, transferred to the supreme court to be held in the second grand division, at Springfield.
1Opinion of the CourtScates, J.
On the trial of an appeal in an action of trove»' and conversion, the defendant recovered a judgment for threej dollars, and the refusal to grant a new trial is assigned for¡ error.
To prove the conversion of the property, the defendant proved that he went to plaintiff’s house, and the plaintiff not being a home, he told his wife that he had come for his hog. She answered that he had better not take the hog until her husband same home. He saw the hog that day in the pen with plaintiff’s fatting hogs. He returned next day and demanded the hog, when plaintiff answered, that he did not believe…
2Cited by2 opinions
- Shoat v. WalkerSupreme Court of Kansas · 1870
- Northern Transportation Co. v. SellickIllinois Supreme Court · 1869