Gibbs v. Jones
Illinois Supreme Court
Writ or Error to the Circuit Court of Coles county; the Hon. James Steele, Judge, presiding. The facts, so far as they relate to the points decided in the case, appear in the opinion.
1Opinion of the CourtChief Justice Breese
There are hut two questions of any importance made on this record. The first is, as to the substance of the special plea, and the other is, as to the ownership of the property.
The action' was trover, for two mules. The special plea sets up an action of assumpsit, brought by the plaintiff in the action, against the defendant for the price of the mules. It does not allege the action proceeded to judgment, and that there was a recovery therein, but it is agreed it was dismissed by the plaintiff without prejudice, and this action of trover brought.
That this plea, as pleaded, was no bar to this…
2Cases cited3 opinions
- Fawcett, Isham & Co. v. Osborn, Adams & Co.Illinois Supreme Court · 1863
- Bank of United States v. BurkeIndiana Supreme Court · 1835
- Stewart v. SpeddenCourt of Appeals of Maryland · 1853
3Cited by12 opinions
- Zimmerman v. Robinson & Co.Supreme Court of Iowa · 1905
- Barnsdall v. WaltemeyerCourt of Appeals for the Eighth Circuit · 1905
- Velsian v. LewisOregon Supreme Court · 1888
- Graybill v. CorlettSupreme Court of Colorado · 1915
- Altom v. HawesAppellate Court of Illinois · 1978
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