Plumleigh v. Cook
Illinois Supreme Court
This was ail action of debt for the escape of one Alexander Dawson from the custody of the defendant Cook, while being sheriff of the county of Cook, and was tried before and sub-" mitted to H. T. Dickey, Judge, at the May term, 1851, of the Cook Circuit Court, without the intervention of a jury.
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This was ail action of debt for the escape of one Alexander Dawson from the custody of the defendant Cook, while being sheriff of the county of Cook, and was tried before and sub-" mitted to H. T. Dickey, Judge, at the May term, 1851, of the Cook Circuit Court, without the intervention of a jury. The first count of the declaration set forth, that at the May term of the Cook County Court, 1848, the plaintiff (Plumleigh) recovered a judgment against one Alexander Dawson for $140 damages and $191.66 costs, and that afterwards, and on the 18th day of April, 1849, a ca. sa. was issued, and the…
1Opinion of the CourtTreat, C. J.
The declaration described a judgment for $140 damages, and $191.66 costs. On the trial, the plaintiff offered in evidence the record of a judgment for $140 damages, and costs of suit to be taxed; also the fee-book in'which the costs were taxed at $191.66. At the foot of the fee-bill was this entry; “ Sheriff Cook return ex. 12-j-; ” but the amount was not carried to the right-hand side of the page, as was the case with the other items of the bill. The court rejected the evidence, because of a variance between it and the declaration. There was no variance in point of fact. The entry in…
2Cases cited5 opinions
- Duncan v. KlinefelterSupreme Court of Pennsylvania · 1836
- Gwinn v. HubbardIndiana Supreme Court · 1832
- Steere v. FieldU.S. Circuit Court for the District of Rhode Island · 1822
- Shewel v. FellSupreme Court of Pennsylvania · 1800
- Shuler v. GarrisonSupreme Court of Pennsylvania · 1843
3Cited by4 opinions
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- Stevison v. EarnestIllinois Supreme Court · 1875
- Wabash Western Railway Co. v. FriedmanAppellate Court of Illinois · 1891
- Heacock v. LubukeeIllinois Supreme Court · 1884