Morgan v. People
Illinois Supreme Court
Appeal from the Circuit Court of Alexander county; the Hon. David J. Baker, Judge, presiding.
1Opinion of the CourtJustice Thornton
The declaration, in this case, was in debt, on a sheriff’s bond.
The pleas were, non est factvm not sworn to; second, that the sheriff was not ordered to suspend the sale; third, that the sheriff had an execution against the goods and chattels of Lewis, by virtue of which he sold the property, according to law, as he lawfully might; fourth, that the sheriff sold the property by the order and direction of the attorney of the plaintiff.
A demurrer was sustained to the third and fourth pleas.
Was it error to sustain the demurrer? The answer must depend upon the character of the breaches assigned.
The…
2Cases cited2 opinions
- Durkee v. Vermont Central RailroadSupreme Court of Vermont · 1856
- Matteson v. NoyesIllinois Supreme Court · 1861
3Cited by15 opinions
- Pepper v. Telegraph Co.Tennessee Supreme Court · 1889
- Ayer v. Western Union Telegraph Co.Supreme Judicial Court of Maine · 1887
- Wilson v. Minneapolis & Northwestern RailroadSupreme Court of Minnesota · 1884
- Scheubert v. HonelAppellate Court of Illinois · 1893
- Anheuser-Busch Brewing Ass'n v. HutmacherIllinois Supreme Court · 1889
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