Kantzler v. Albertson
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. John GL Rogers, Judge, presiding. One Weiderman, sued out of justice’s court, June 19, 1883, a writ of replevin against Albertson & Broad, for a horse, harness and wagon. The plaintiff in such writ giving replevin bond to the constable, the latter took the goods under the writ and delivered the same to the plaintiff in the suit.
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Appeal from the Circuit Court of Cook county; the Hon. John GL Rogers, Judge, presiding. One Weiderman, sued out of justice’s court, June 19, 1883, a writ of replevin against Albertson & Broad, for a horse, harness and wagon. The plaintiff in such writ giving replevin bond to the constable, the latter took the goods under the writ and delivered the same to the plaintiff in the suit. At the time for trial before the justice, the plaintiff, Weiderman, failed to appear, and judgment went against him and a retorno habendo was awarded. He thereupon took an appeal to the circuit court and gave a…
1Opinion of the CourtMcAllister, J.
In order to recover damages for not making return of the property replevied by Weiderman, Albert-son should have brought suit upon the replevin bond, instead ' of upon the appeal bond. Section 10 of the "Replevin Act expressly requires such bond to be conditioned that the plaintiff in replevin will make return of the property, if return of the property shall be awarded. 2 Starr & Curt. Stat. 2013. Nothing of the kind is required by any statute to be contained in the condition in a bond to be given upon appeal from a justice’s judgment, and no such effect was intended by tho legislature to be…
2Cited by1 opinion
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