McGillis v. Bishop.
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. John P. Altgeld, Judge, presiding. This action was brought to recover against appellants for levying on a certain stock of goods which was in the possession of appellee at Peshtigo, in Wisconsin.
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Appeal from the Superior Court of Cook County; the Hon. John P. Altgeld, Judge, presiding. This action was brought to recover against appellants for levying on a certain stock of goods which was in the possession of appellee at Peshtigo, in Wisconsin. The levy was made and the goods seized by McGillis as sheriff of Marinette Comity, under attachment writs from the Circuit Court of said county against Ferdinand Armstrong, one of the writs being in favor of King and his partners. The declaration contained two counts. The first alleged that plaintiff was possessed in his own right, at Peshtigo,…
1Opinion of the CourtMoran, P. J.
The declaration states a case of trespass de Imnis asportatis. The wrongful and unlawful seizure of the goods and chattels described is the gist of the action, just as in trespass quare elausum the breaking and entering the close is the gravamen of the charge. The conversion of the goods alleged in the declaration is but aggravation. Taylor v. Cole, 3.Tenn. 155; Gelston v. Hoyt, 3 Wheat. 326.
The defendant, McGillis, justified the seizure of the goods under a writ of attachment, and alleged that the goods were the property of the defendant in the attachment. Plaintiff put the whole plea in…
2Cases cited8 opinions
- Oviatt v. PondSupreme Court of Connecticut · 1861
- Stoughton v. MottSupreme Court of Vermont · 1853
- Gates v. LounsburyNew York Supreme Court · 1823
- Hopkins v. LangtonWisconsin Supreme Court · 1872
- Newton v. AdamsSupreme Court of Vermont · 1832
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3Cited by1 opinion
- Patterson v. StandleyAppellate Court of Illinois · 1900