Roberts v. McAllister

Mr. Presiding Justice Jones

delivered the opinion of the court.

Appellant instituted replevin proceedings against appellee for the possession-of a crop of wheat. The suit was brought before a justice of the peace and later was taken by appeal to the county court of Peoria county, where it was tried on a written stipulation as to the facts and as to the points of law which were to be submitted to and determined by the court. A jury was waived and the court upon a heaving of the cause entered judgment in favor of the appellee. This appeal is from that judgment.

The material facts are: Sarah…