Willoughby v. Dewey
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding. This is an appeal from the May term of the Madison circuit court, 1871, brought, by consent, to the Central Grand Division of this court. It appears that Bisser and Bawson recovered two judgments against Jarvis, before Andrew Mills, a police magistrate, on which executions were issued December 26, 1868, and placed in the hands of Willoughby, a constable.
Read the full summary
Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding. This is an appeal from the May term of the Madison circuit court, 1871, brought, by consent, to the Central Grand Division of this court. It appears that Bisser and Bawson recovered two judgments against Jarvis, before Andrew Mills, a police magistrate, on which executions were issued December 26, 1868, and placed in the hands of Willoughby, a constable. On the 4th of March succeeding, and before the return day, he levied upon 12 acres of standing wheat. Under the impression that his authority under…
1Opinion of the CourtJustice Sheldon
It was error to exclude from the jury the executions and the plaintiffs testimony.
The executions were issued on the 26th day of December, 1868. They were levied by the constable on the 12 acres of wheat in question, on the 4th day of March, 1869, which was before their return day.
There not being time in which to give 10 days notice, in order to sell in the lifetime of the executions, the constable, under the mistaken idea that he had no authority to go on and complete the sale after the return day of the executions, returned them to the justice, and applied for alias executions, in order to…
2Cases cited1 opinion
- Prescott v. WrightMassachusetts Supreme Judicial Court · 1809
3Cited by5 opinions
- Ditto v. McCurdyHawaii Supreme Court · 2003
- Frankel v. J. W. Butler Paper Co.Court of Appeals for the Seventh Circuit · 1932
- Ditto v. McCurdyHawaii Supreme Court · 2003
- Thomasville Furniture Industries, Inc. v. Wendling Bros., Inc. (In re Wendling Bros., Inc.)United States Bankruptcy Court, N.D. Illinois · 1981
- Wilson v. GilbertAppellate Court of Illinois · 1895