Welsch v. Belleville Savings Bank
Illinois Supreme Court
Appeal from the Appellate Court of the Fourth District. This was an action of replevin, brought by appellant against appellee, to the September term, 1878, of the St. Clair circuit court, for the recovery of certain United States bonds, amounting in the aggregate to '$4000. Among the pleas filed to the declaration were the two following special pleas, designated as first and second special pleas, to-wit: And for further plea in this behalf defendant says actio non, because…
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Appeal from the Appellate Court of the Fourth District. This was an action of replevin, brought by appellant against appellee, to the September term, 1878, of the St. Clair circuit court, for the recovery of certain United States bonds, amounting in the aggregate to '$4000. Among the pleas filed to the declaration were the two following special pleas, designated as first and second special pleas, to-wit: And for further plea in this behalf defendant says actio non, because it says that on the 25th day of February, A. D..1878, an agreement in writing was made between one Barbara Welsch, the…
1Opinion of the CourtJustice Mulkey
The argument in this case has been confined to the question whether or not Arthur Her old took, under the will, a vested remainder in the $4000 therein mentioned. And it seems to be conceded that if such interest was taken by him, this action was improperly brought and the Appellate Court committed no error in affirming the judgment of the circuit court. Appellee claims that he did take such interest, and that appellant, in depositing the fund with appellee for investment, safe-keeping and payment to her of the earnings and accumulations thereof during her life, was simply performing a duty…
2Cases cited3 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825
- Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
3Cited by32 opinions
- Glover v. CondellIllinois Supreme Court · 1896
- Himmel v. HimmelIllinois Supreme Court · 1920
- Wilson v. TurnerIllinois Supreme Court · 1896
- Podaril v. ClarkSupreme Court of Iowa · 1902
- Gahan v. GoldenIllinois Supreme Court · 1928
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