Woodward v. Woodward
Illinois Supreme Court
This was an action of replevin brought by the appellee against the appellant, at the September term, 1851, of the Stark Circuit Court, Kellogg, Judge. It was tried by a jury at said term, and verdict for plaintiff below, and judgment thereon. The defendant below excepted to the decisions of the court below admitting certain evidence on the trial, and appealed. The exceptions and facts sufficiently appear in the opinion of the court.
1Opinion of the CourtTreat, C. J.
The court erred in admitting in evidence the submission and award. The case showed that the real contest between the parties wa^ whether the property in dispute belonged to the appellee or his father. Those proceedings did not tend to settle that question. They neither showed title in the appellee, or out of the father. They were had without the authority of the father, and against his consent, and consequently were not binding upon him. The sons, indeed, referred to the decision of arbitrators the existing differences between the appellee and their father. But as the latter did not authorize…
2Cited by3 opinions
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