Cruikshank v. W. W. Kimball Co.
Appellate Court of Illinois
Replevin, commenced before a justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Statement. The inception of this cause was a replevin suit brought by appellee against appellant before a justice of the peace, to recover.a piano. The piano was taken from appellant by a constable by virtue of a writ of replevin, and delivered to appellee. Jun^ trial in the justice of the peace court and verdict in favor of appellee.
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Replevin, commenced before a justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Statement. The inception of this cause was a replevin suit brought by appellee against appellant before a justice of the peace, to recover.a piano. The piano was taken from appellant by a constable by virtue of a writ of replevin, and delivered to appellee. Jun^ trial in the justice of the peace court and verdict in favor of appellee. Defendant below appealed to the Circuit Court, where the cause was again tried by a jury, resulting in a verdict finding…
1Opinion of the CourtJustice Horton
In the view we take of this case, it is unnecessary to state the facts further than we have given them.
If the property recovered upon the replevin writ, the title to which was the question tried and decided in the justice court, was of the value of more than $200, then the justice of the peace had no jurisdiction further than to order a return of the property. If the justice of the peace had no jurisdiction, then none was acquired by the Circuit Court by appeal.
The only testimony as to the value of the piano in question, is that fixed by the contract of sale, viz., $225. That being the value…
2Cited by2 opinions
- W. W. Kimball Co. v. CruikshankAppellate Court of Illinois · 1900
- W. W. Kimball Co. v. CruikshankAppellate Court of Illinois · 1905