Legal Opinion

Horr v. People ex rel. Stadelman

Illinois Supreme Court

Decided May 18, 1880PublishedCited by 1 opinion

Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. Appellant, being a constable of Cook county and having in his hands a ft. fa. from a justice of the peace against the property of one Mrs. Herman, in favor of one Johns, by the advice and directions of Johns seized certain personal property, which is alleged to be the property of a firm known as “The Chicago Furniture Company,” and of which one Stadelman (a son of Mrs. Herman) was a…

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Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. Appellant, being a constable of Cook county and having in his hands a ft. fa. from a justice of the peace against the property of one Mrs. Herman, in favor of one Johns, by the advice and directions of Johns seized certain personal property, which is alleged to be the property of a firm known as “The Chicago Furniture Company,” and of which one Stadelman (a son of Mrs. Herman) was a member; and having seized the same, gave the same into the custody of Johns, the plaintiff named in the ji. fa., to hold…

1Opinion of the CourtJustice Dickey

It is not perceived how this judgment can be sustained. We know of no law making it the duty of a defendant, in an action of replevin, to' assist the officer in the execution of his process. If he knew, as he swears, that the property was then and there in the possession and control of Horr, why did he not take it? It is not charged that he was resisted in the performance of his duty by the action of any one. The only statements in the record of any supposed cause of offence are, that in the return of the sheriff, that he “ refused to deliver ” to him the property; and that of the affidavit…

2Cited by1 opinion

  1. People v. WiltshireAppellate Court of Illinois · 1881

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