Lammers v. Meyer
Illinois Supreme Court
Appeal from the Circuit' Court of Washington county; the Hon. Silas L. Bryan, Judge, presiding. This was an action of replevin, brought in the court below by William Lammers, against Detrick B. Meyer, to recover certain property described in the declaration as “ all the dry goods, groceries, hardware, queensware, notions, etc., being in the store house of William Lammers, in the town of Bridgport, Washington county, Illinois, ” of the value of $450. Final judgment was…
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Appeal from the Circuit' Court of Washington county; the Hon. Silas L. Bryan, Judge, presiding. This was an action of replevin, brought in the court below by William Lammers, against Detrick B. Meyer, to recover certain property described in the declaration as “ all the dry goods, groceries, hardware, queensware, notions, etc., being in the store house of William Lammers, in the town of Bridgport, Washington county, Illinois, ” of the value of $450. Final judgment was rendered in favor of the defendant upon the overruling of demurrers to the several pleas filed, which are sufficiently set…
1Opinion of the CourtJustice Thornton
Pleas of justification were filed by defendant below, that he took the property by virtue of an execution, directed to him as sheriff.
The court overruled demurrers to these pleas, and this is assigned for error.
It is urged that they are defective, in not averring that the execution was in full force, and the money due thereon unpaid, at the time of the levy.
The portion of the pleas to which objection is made, is as follows: “ Said defendant says actio non, because, he says, that at the time when, etc., to wit, on the 22d day of August, 1870, he was sheriff of Washington county, and on the…
2Cited by1 opinion
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