Legal Opinion

Gilmore v. Davis

Illinois Supreme Court

Decided January 15, 1877PublishedCited by 12 opinions

Appeal from the Circuit Court of Montgomery county; the Hon. James 0. Allen, Judge, presiding.

1Opinion of the CourtJustice Breese

This was replevin, in the Montgomery circuit court, by David A. Gilmore, plaintiff, and against Joseph A. Davis, defendant, the former being a constable, and the last named the sheriff of that county, to recover the possession of certain goods and chattels which the constable claimed by virtue of certain executions in his hands, issued on justice’s judgment, against one Shimer, and by a levy on and removal of the goods. The sheriff claims under an execution of older date, but not actually levied until the constable had taken them in execution.

The facts show that appellant levied the…

2Cases cited1 opinion

  1. Ross v. WeberIllinois Supreme Court · 1861

3Cited by12 opinions

  1. Williams v. MellorSupreme Court of Colorado · 1888
  2. Century Pipe & Supply Co. v. Empire Factors Corp.Appellate Court of Illinois · 1958
  3. Everingham v. National City BankIllinois Supreme Court · 1888
  4. Frankel v. J. W. Butler Paper Co.Court of Appeals for the Seventh Circuit · 1932
  5. Koren v. RoemheldAppellate Court of Illinois · 1880

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