Johnston v. Hirschberg
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. T. M. Shaw, Judge, presiding.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. T. M. Shaw, Judge, presiding. On October 17, 1895, Gans Bros. & Rosenthal sued out of the county court of Peoria county a writ of attachment against Isaac D. Hurwitz, and placed it in the hands of appellant, Charles E. Johnston, the sheriff of Peoria county, who levied upon and took possession of a quantity of tobacco in the possession of appellee herein, who claimed to own it. The ground for the attachment was that Hurwitz had fraudulently sold the property…
1Opinion of the CourtJustice Wilkin
The questions of fact involved in this controversy have been found adversely to appellant by the judgment of the Appellate Court, which finding is conclusive here.
The brief of appellant does not comply with the rule of this court, in that it consists of several briefs used in the Appellate Court, re-filed here. However, we have examined the cause upon its merits, and fail to find in the recoged any reversible error.
The only contention urged by appellant is, that the third instruction given for appellee was erroneous. That instruction was as follows:
“The court instructs the jury that if they…
2Cited by21 opinions
- State v. PetersonWyoming Supreme Court · 1920
- United States v. MarescaDistrict Court, S.D. New York · 1920
- United States v. RembertDistrict Court, S.D. Texas · 1922
- Wallace v. StateIndiana Supreme Court · 1927
- Johnson v. StateCourt of Appeals of Georgia · 1965
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