McGavock v. Chamberlain
Illinois Supreme Court
The action in the court below was replevin for a span of horses and a set of harness. The writ of replevin was issued to the sheriff on the 27th day of June, 1857, and the following return made thereon by him: “ June 27, 1857. The within named Porter E. Chamberlain refused to deliver up the within described property, and thereupon I served the within by reading the same to the aforesaid Chamberlain, as I am therein commanded.”
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The action in the court below was replevin for a span of horses and a set of harness. The writ of replevin was issued to the sheriff on the 27th day of June, 1857, and the following return made thereon by him: “ June 27, 1857. The within named Porter E. Chamberlain refused to deliver up the within described property, and thereupon I served the within by reading the same to the aforesaid Chamberlain, as I am therein commanded.” On the 14th day of September, 1857, the plaintiff filed his declaration in said action in trover and claimed damages to the amount of four hundred dollars. The…
1Opinion of the CourtCaton, C. J.
This action was commenced by issuing a writ in replevin,’upon which the sheriff was unable to seize the articles mentioned in the writ and deliver them to the plaintiff. The plaintiff then filed a declaration in trover, upon which an issue was regularly formed, and the cause tried. Upon the trial the plaintiff claimed to recover for the use of the articles, as in an action of replevin, but the court held that the rule of damages which governs in actions of trover should be applied, and so instructed the jury, and this presents the only question in the case.
The second section of the act of…
2Cited by4 opinions
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