Legal Opinion

Sulzberger v. Goldstein

Appellate Court of Illinois

Decided May 29, 1905No. Gen. No. 11,940PublishedCited by 3 opinions

Action of replevin. Appeal from the County Court of Cook County; the Hon. Obrin N. Carter, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. Appellant sued appellee in replevin before a justice of the peace. The writ of replevin was returned property not found.

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Action of replevin. Appeal from the County Court of Cook County; the Hon. Obrin N. Carter, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. Appellant sued appellee in replevin before a justice of the peace. The writ of replevin was returned property not found. The plaintiff, May 22, 1903, the defendant, Goldstein, not appearing, called for a jury of six, and the jury, after hearing evidence, rendered the following verdict: “We, the jury, find the issues for the plaintiff and also find that the defendant fraudulently took and fraudulently and with intent…

1Opinion of the CourtJustice Adams

Appellant’s attorney, before a jury was called, offered in evidence the justice’s transcript, and moved the court, on the transcript, to remand the appellee to custody, which motion the court overruled. Counsel cite numerous cases to the effect that whether malice is the gist of an action must be determined by inspection of the record; that is, by inspection of the pleadings, showing what the issues were. The cases cited are all cases in courts of record, in which, consequently, pleadings are required, and have no application whatever to cases before justices of the peace, in which there are…

2Cases cited2 opinions

  1. Swingley v. HaynesIllinois Supreme Court · 1859
  2. Blattau v. EvansAppellate Court of Illinois · 1895

3Cited by3 opinions

  1. Doherty v. Schipper & Block, Inc.Appellate Court of Illinois · 1910
  2. Marshall Field & Co. v. FreedAppellate Court of Illinois · 1915
  3. Sankstone v. PeopleAppellate Court of Illinois · 1912

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