Hock v. Magerstadt
Appellate Court of Illinois
Action, of debt. Appeal from the Superior Court of Cook County; the Hon. Arthur H. Frost, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1904.
1Opinion of the Court
Mr. Presiding Justice Smith
delivered the opinion of the court.
Appellants maintain that the goods described in the chattel mortgage with the exception of the ice box, butcher’s tools and meat blocks, were not the goods taken under the replevin writ, and hence appellee was not entitled to have them returned and is not entitled to damages for their taking and detention.
By permitting his .replevin suit to be dismissed for want of prosecution, appellant Hock lost all right in a suit on the bond to contest Breyer’s claim to the property, except that saved to him by the statute, which was to plead…
2Cases cited7 opinions
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Borden v. CroakIllinois Supreme Court · 1889
- Stevison v. EarnestIllinois Supreme Court · 1875
- Indiana, Decatur & Western Railway Co. v. HendrianIllinois Supreme Court · 1901
- Hanchett v. GardnerIllinois Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rydberg v. SmithCourt of Appeals for the Seventh Circuit · 1911
- Hansen v. BruckmanAppellate Court of Illinois · 1909