Janes v. Gilbert
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. This was an action of replevin, brought by Ernest H. Janes, the appellant, against James H. Gilbert, sheriff of Cook county. The sheriff pleaded that he had taken the goods by virtue of an execution issued out of the circuit court of Cook county, on a judgment recovered by W. F. McLaughlin against Q.W.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. This was an action of replevin, brought by Ernest H. Janes, the appellant, against James H. Gilbert, sheriff of Cook county. The sheriff pleaded that he had taken the goods by virtue of an execution issued out of the circuit court of Cook county, on a judgment recovered by W. F. McLaughlin against Q.W. Loverin and George J. L. Janes; that the goods were the property of the firm of Janes Bros. & Co.; that before levying the…
1Opinion of the CourtJustice Carter
The errors assigned on this record bring in question the rulings of the trial court in refusing to give to the jury certain instructions asked by appellant and in rendering judgment in the alternative. The first instruction refused was as follows:
“Even though the jury may believe, from the evidence, that the witness George J. L. Janes had an interest in the business in question carried on under the name of Janes Bros. & Co., yet if the jury believe, from the evidence, that the sole and only interest of said George J. L. Janes in said business was that of an employee, and that the plaintiff,…
2Cases cited2 opinions
- Niehoff v. DudleyIllinois Supreme Court · 1866
- Lamping Bros. v. PayneIllinois Supreme Court · 1876
3Cited by5 opinions
- Martin v. HertzIllinois Supreme Court · 1906
- Bower v. PoppAppellate Court of Illinois · 1926
- Martin v. HertzAppellate Court of Illinois · 1905
- Martin v. HertzAppellate Court of Illinois · 1905
- Smith ex rel. Laramie v. Nyberg Automobile WorksAppellate Court of Illinois · 1913