Legal Opinion

Smith v. Smith

Illinois Supreme Court

Decided January 15, 1859PublishedCited by 2 opinions

On the 14th day of November, 1856, John H. Smith filed in the clerk’s office of the Circuit Court of Bond county, Illinois, an affidavit in replevin, setting forth that he was lawfully entitled to the possession of a certain one-horse buggy, nearly new, etc., worth about ninety-five dollars; that the same was unlawfully detained from his possession by Isaac Smith.

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On the 14th day of November, 1856, John H. Smith filed in the clerk’s office of the Circuit Court of Bond county, Illinois, an affidavit in replevin, setting forth that he was lawfully entitled to the possession of a certain one-horse buggy, nearly new, etc., worth about ninety-five dollars; that the same was unlawfully detained from his possession by Isaac Smith. On the same day a writ of replevin was issued out of the clerk’s office upon said affidavit, and on the same day was served by taking said buggy and delivering same to said plaintiff. Afterwards, said John H. Smith filed his…

1Opinion of the CourtCaton, C. J.

In the case of Morgan v. Pettit, 3 Scam. R. 529, it was decided that a bet made between citizens of this State upon the result in another State of a presidential election, then pending, was not forbidden by our statute, and was not void by the common law, as being against public policy. In this case, there is much less objection as controvening public policy, for the bet was not made till several days after the election in New York, and after the vote must have been canvassed, although before the result was known here. Nor did the event which was to determine the wager depend upon any chance,…

2Cited by2 opinions

  1. Gregory v. KingIllinois Supreme Court · 1871
  2. Himmelman v. PecautSupreme Court of Iowa · 1907

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