Schwamb Lumber Co. v. Schaar
Appellate Court of Illinois
Replevin.—Appeal from the Superior Court of Cook County; the Hon. Samuel C. Stough, Judge, presiding. Heard in this court at the October term, 1900. Statement by tbe Court.—Appellant, plaintiff below, began replevin in the Superior Court of Cook County against appellees, defendants below, to recover the possession of certain lumber, a part of which was recovered upon the writ and turned over to the plaintiff.
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Replevin.—Appeal from the Superior Court of Cook County; the Hon. Samuel C. Stough, Judge, presiding. Heard in this court at the October term, 1900. Statement by tbe Court.—Appellant, plaintiff below, began replevin in the Superior Court of Cook County against appellees, defendants below, to recover the possession of certain lumber, a part of which was recovered upon the writ and turned over to the plaintiff. The declaration consists of three counts, viz., for the wrongful taking and for the wrongful detention of the goods in question and in trover. The pleas were non oepit, non detinet,' not…
1Opinion of the CourtJustice Windes
For appellant it is contended that the refusal of the first instruction was error, but it is said that the trial court held, on motion for new trial, that the instruction was improper because it does not recognize the necessity of the plaintiff’s making a demand before suing out the writ of replevin, and this is the only reason that counsel for appellees assign in justification of the court's ruling.
The evidence in the case tends strongly to show that the appellees came into possession of the lumber in question wrongfully; that they purchased the lumber in question, with other property, from…
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