Horan v. People
Appellate Court of Illinois
Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. Action upon official bond of Horan as constable. The first count of the declaration avers a seizure of the goods and chattels of Byrnes by the constable, under and by virtue of an attachment writ against one Richard Crowe, and a disposing of them by the officer.
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Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. Action upon official bond of Horan as constable. The first count of the declaration avers a seizure of the goods and chattels of Byrnes by the constable, under and by virtue of an attachment writ against one Richard Crowe, and a disposing of them by the officer. The other counts allege the taking of the goods and chattels of Byrnes by Horan, under an execution or order of sale against said Crowe, and converting the same. The defendants filed several pleas, averring the property to be in said Crowe, upon…
1Opinion of the CourtPillsbury, J.
The judgment in this cause was reversed by this court at the last May term, for the then supposed error of the court below, in sustaining the demurrer to the defendants’ seventh plea. A rehearing of the cause having been granted at this term, the case is before us for final determination.
The point is made that this action is not maintainable, for the reason that, the writ of attachment being against Crowe, did not authorize the officer to seize the goods of Byrnes by virtue thereof, and that the act of the officer in so doing, was a trespass which renders him personally liable, but for which…
2Cases cited4 opinions
- Carmack v. Commonwealth ex rel. BoggsSupreme Court of Pennsylvania · 1812
- Van Pelt v. LittlerCalifornia Supreme Court · 1859
- Brunott v. M'KeeSupreme Court of Pennsylvania · 1843
- People v. McCormackIllinois Supreme Court · 1873
3Cited by7 opinions
- American Guaranty Co. v. McNieceOhio Supreme Court · 1924
- Campbell v. PeopleIllinois Supreme Court · 1895
- Bishop v. McGillisWisconsin Supreme Court · 1891
- People ex rel. Bothman v. BrownAppellate Court of Illinois · 1915
- Cary v. NibloAppellate Court of Illinois · 1910
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