Montgomery v. Brush
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding- The appellees, Edward McGuire and Samuel T. Brush,, recovered a judgment of $1500 in the circuit court of Sangamon county, against the appellant, Lewis E. Montgomery,, in an action of trover,' for the alleged conversion of one hundred and thirty-one head of cattle belonging to the plaintiffs.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding- The appellees, Edward McGuire and Samuel T. Brush,, recovered a judgment of $1500 in the circuit court of Sangamon county, against the appellant, Lewis E. Montgomery,, in an action of trover,' for the alleged conversion of one hundred and thirty-one head of cattle belonging to the plaintiffs. This judgment, on the appeal of Montgomery, was affirmed by the Appellate Court for the Third District, and the defendant again…
1Opinion of the CourtJustice Mulkey
No substantial reason is perceived for disturbing the judgment of the Appellate Court. To our minds the case is free from difficulty. On the trial in the circuit court, there was a sharp controversy as to two questions of fact, upon the decision of which it is manifest, from the evidence, as well as the instructions of the court, the case mainly turned. It was claimed by Montgomery, that the one hundred and thirty-one head of cattle belonging to appellees were put in his pasture by Milligan & Mcllvane in part performance of their contract with him, and that at the time he received them, he…
2Cited by6 opinions
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- State v. RyanOregon Supreme Court · 1910
- Ehrler v. WorthenAppellate Court of Illinois · 1893
- Merle v. National City BankAppellate Court of Illinois · 1925
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