Cummins v. Holmes
Appellate Court of Illinois
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
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Cornell v. MoultonNew York Supreme Court · 1846
- Higgins v. HalliganIllinois Supreme Court · 1867
- Grosvenor v. Magill & LathamIllinois Supreme Court · 1865
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3Cited by5 opinions
- Havens v. MillerAppellate Court of Illinois · 1981
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- Shepherd v. WoodAppellate Court of Illinois · 1898
- Dierssen v. Williamsburg City Fire InsuranceAppellate Court of Illinois · 1917
- Kahlo v. KahloAppellate Court of Illinois · 1917