Legal Opinion

Schweizer v. Tracy

Illinois Supreme Court

Decided January 15, 1875PublishedCited by 18 opinions

Appear from the Circuit- Court of Champaign county; the Hou. C. B. Smith, Judge, presiding. This was an action of debt, by James M. Tracy, coroner of Champaign county, for the use, etc., against Frederick Sell weizer, impleaded with Mack, Stadler & Co., of Cincinnati, Ohio. The latter were not served. The facts of the case are stated in the opinion of the court.

1Opinion of the CourtJustice Sheldon

This was a suit upon a replevin bond, which had been given by appellant as surety, and Mack, Stadler & Co., as principals, in an action of replevin, commenced by the latter in the circuit court of Champaign county; on the 22d day of October, 1872, to recover a lot of merchandise previously sold by them, and then in the possession of the sheriff of said county, taken under a writ of attachment against the vendee of the goods from Mack, Stadler & Co., sued out October 18, 1872. Mack, Stadler & Co. having been nonsuited in their action, a return of the property replevied awarded, and failure…

2Cases cited5 opinions

  1. In re HoweNew York Court of Chancery · 1828
  2. Gibson v. WardenSupreme Court of the United States · 1872
  3. Jennings v. GageIllinois Supreme Court · 1852
  4. Tousley v. TousleyOhio Supreme Court · 1855
  5. Young v. BradleyIllinois Supreme Court · 1873

3Cited by18 opinions

  1. Waterman v. BuckinghamSupreme Court of Connecticut · 1906
  2. Brennan v. PersselliIllinois Supreme Court · 1933
  3. Truxton v. Fait & Slagle Co.Supreme Court of Delaware · 1899
  4. Constad v. BuellCourt of Appeals for the Seventh Circuit · 1913
  5. Hacker v. Munroe & SonIllinois Supreme Court · 1898

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