Stevens v. Brown
Illinois Supreme Court
Appeal from the Circuit Court of Champaign county; the Hon. A. J. Gallagher, Judge, presiding. This was an action on the case, brought by David F. Brown, in the Circuit Court of Champaign county, against Thomas Stevens, Benjamin F. Stevens and Washington Beasley, to recover for an alleged injury from their Texas cattle. The declaration contained four counts, two under the statute and two at common law. Plea, not guilty.
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Appeal from the Circuit Court of Champaign county; the Hon. A. J. Gallagher, Judge, presiding. This was an action on the case, brought by David F. Brown, in the Circuit Court of Champaign county, against Thomas Stevens, Benjamin F. Stevens and Washington Beasley, to recover for an alleged injury from their Texas cattle. The declaration contained four counts, two under the statute and two at common law. Plea, not guilty. A trial was had by the court, by consent of the parties, without a jury. On the trial plaintiff dismissed the suit as to Thomas Stevens and Beasley. The court found the issues…
1Opinion of the CourtJustice Thornton
This was an action on the case, for an alleged injury to native cattle, by Texas cattle, in possession of appellant.
The judgment was for appellee, in the circuit court.
The validity of the act of February 27th, 1867, prohibiting the importation and possession of Texas and Cherokee cattle, is disputed. This has been decided by this court. Yeazel v. Alexander et al. ante, p. 254.
The evidence sustains the judgment of the court below. Under the numerous rulings of this court, even if we had doubts as to the sufficiency of the proof, we should not disturb the finding.
The judgment must be affirmed.
Ju…
2Cited by1 opinion
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