Davis v. Ransom
Illinois Supreme Court
This was an action of replevin brought by Ransom and Bates in the Ogle Circuit Court against Davis, to recover a stock of goods from the possession of the defendant, and they file their plaint, sworn to by Henry A. Mix, in which he swears “ for and in behalf of” the plaintiffs, that the plaintiffs are the owners of the goods, as mortgagors under a certain chattel mortgage, made by one Edmund P. Sexton to them, hereinafter set forth.
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This was an action of replevin brought by Ransom and Bates in the Ogle Circuit Court against Davis, to recover a stock of goods from the possession of the defendant, and they file their plaint, sworn to by Henry A. Mix, in which he swears “ for and in behalf of” the plaintiffs, that the plaintiffs are the owners of the goods, as mortgagors under a certain chattel mortgage, made by one Edmund P. Sexton to them, hereinafter set forth. Plaintiffs file their security for costs, made and executed by H. A. Mix, and also their replevin bond, made and executed by Ransom .and Bates, “ by H. A. Mix,…
1Opinion of the CourtBreese, J.
The points made by the affidavit, question, first, the propriety of allowing Mix to be sworn as a witness, as he had signed a bond for costs in the cause, and also was the security on the replevin bond. In answer to this, it is sufficient to say, these reasons for objecting to him as a witness were not urged in the court below. The bill of exceptions simply states Mix was objected to when called as a witness, but the grounds of objection were not stated. They cannot be stated in this court for the first time. By alleging the grounds of objection in the court below, opportunity would be…
2Cases cited2 opinions
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