Legal Opinion

Cummins v. Holmes

Appellate Court of Illinois

Decided August 8, 1882PublishedCited by 5 opinions

Appeal from the Circuit Court of Mercer county; the Hon. John J. Glenn, Judge, presiding.

1Opinion of the CourtPleasants, J.

This cause was tried by the court below without a jury, and judgment was rendered for the plaintiff. Appellant, who was the sheriff, levied on some goods apparently in possession of the execution defendant as his property.

Appellees replevied, claiming under a chattel mortgage. It contained a provision which in terms reserved the right to sell in due course of retail trade, making it void as against creditors; but was good between the parties, and appellees claimed, first, that the execution was void for want of a valid judgment, and second, that they had taken possession before it came to the…

2Cases cited11 opinions

  1. National Bank v. BurkhardtSupreme Court of the United States · 1880
  2. Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
  3. Cornell v. MoultonNew York Supreme Court · 1846
  4. Higgins v. HalliganIllinois Supreme Court · 1867
  5. Grosvenor v. Magill & LathamIllinois Supreme Court · 1865

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3Cited by5 opinions

  1. Havens v. MillerAppellate Court of Illinois · 1981
  2. O'Rourke v. Prudential Insurance Co. of AmericaAppellate Court of Illinois · 1938
  3. Shepherd v. WoodAppellate Court of Illinois · 1898
  4. Dierssen v. Williamsburg City Fire InsuranceAppellate Court of Illinois · 1917
  5. Kahlo v. KahloAppellate Court of Illinois · 1917

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