Gilbert v. Sprague
Illinois Supreme Court
Writ of Error to the Branch Appellate Court for the Fi.rst District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. This is an action on a replevin bond, begun in the circuit court of Cook county on August 6, 1896, by the plaintiff in error, James H. Gilbert, suing for the use of William A. Harris and Thomas J. McGimsie, against the defendants in error, Thomas W. Sprague and Amasa H. Wilson.
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Writ of Error to the Branch Appellate Court for the Fi.rst District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. This is an action on a replevin bond, begun in the circuit court of Cook county on August 6, 1896, by the plaintiff in error, James H. Gilbert, suing for the use of William A. Harris and Thomas J. McGimsie, against the defendants in error, Thomas W. Sprague and Amasa H. Wilson. Defendants in error, Sprague and Wilson, filed a plea of non debet; also plea denying the execution of the bond; also plea denying any…
1Opinion of the CourtJustice Magruder
The replevin suit, in which the replevin bond sued upon in the present suit was- given, was begun by Sprague against Harris and McGimsie on December- 2, 1893, and, by virtue of the replevin writ issued therein, Sprague obtained possession of the property in question. The replevin bond was signed by the defendant in error, Wilson, as surety. The replevin suit came to trial on July 3, 1896, and Sprague took a non-suit. In this suit upon the replevin bond for the value of the property taken, (Sprague having refused to turn it over on a writ of retorno hdbendó), Sprague and his surety, Wilson,…
2Cases cited7 opinions
- Stevison v. EarnestIllinois Supreme Court · 1875
- Arnold v. StockIllinois Supreme Court · 1876
- Field v. CrawfordIllinois Supreme Court · 1893
- Richards v. MatsonAppellate Court of Illinois · 1894
- O'Donnell v. ColbyIllinois Supreme Court · 1894
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3Cited by11 opinions
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- Crerar v. DanielsIllinois Supreme Court · 1904
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