Hunter v. Whitfield
Illinois Supreme Court
Appeal from the Circuit Court of Jersey county; the Hon. Cyrus Epler, Judge, presiding. This was an action of debt, upon a replevin bond given by appellants, Hunter and Hauskins, as principal and surety, to appellee, Whitfield, as constable. The bond was given in a suit of replevin for some corn, brought before a justice of the peace, by Hunter against Vaughn.
Read the full summary
Appeal from the Circuit Court of Jersey county; the Hon. Cyrus Epler, Judge, presiding. This was an action of debt, upon a replevin bond given by appellants, Hunter and Hauskins, as principal and surety, to appellee, Whitfield, as constable. The bond was given in a suit of replevin for some corn, brought before a justice of the peace, by Hunter against Vaughn. On appeal from the judgment of the justice of the peace, the circuit court awarded a return of the corn replevied to Vaughn, and for breach of the condition of the replevin bond in failure on the part of Hunter to return the corn, this…
1Opinion of the CourtJustice Sheldon
The statute gives the landlord a lien upon the crops grown or growing upon the demised premises, for the rent thereof, to continue for six months after the expiration of the term of the demise. Appellants contend.that though this.be so, still it is a mere lien, and does not give the landlord the right to the possession of the crops, unless he obtains such possession by the levy of a distress warrant, as provided for by the statute. The statute recognizes the right of distress for rent, and regulates that remedy.
There is nothing in the statute which indicates that the levy of a distress…
2Cases cited3 opinions
- Watt v. ScofieldIllinois Supreme Court · 1875
- Thompson v. MeadIllinois Supreme Court · 1873
- Miles v. JamesIllinois Supreme Court · 1865
3Cited by11 opinions
- Weil v. McWhorterSupreme Court of Alabama · 1891
- Finney v. HardingIllinois Supreme Court · 1891
- Scottsdale Ginning Co. v. LonganArizona Supreme Court · 1922
- Lawrence v. Elmwood Elevator Co.Appellate Court of Illinois · 1929
- McGlasson v. HennessyAppellate Court of Illinois · 1911
6 more not listed; retrieve them via the Exa API.