Cornelia v. Ellis
Illinois Supreme Court
Ellis brought an action before a justice of the peace against Cornelia, for $ 41 66, in trespass, for taking a horse and harness. Cornelia admitted the taking, and justified under an exetion in favor of Condey against Ellis. Ellis claimed the property to be exempt from seizure. The justice gave judgment in favor of Ellis for the whole amount claimed—$41 66. Cornelia appealed to the Circuit Court of Kane county.
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Ellis brought an action before a justice of the peace against Cornelia, for $ 41 66, in trespass, for taking a horse and harness. Cornelia admitted the taking, and justified under an exetion in favor of Condey against Ellis. Ellis claimed the property to be exempt from seizure. The justice gave judgment in favor of Ellis for the whole amount claimed—$41 66. Cornelia appealed to the Circuit Court of Kane county. A trial was had in the Circuit Court; the cause having been submitted to the Court, T. L. Dickey, Judge, presiding, without the intervention of a jury. The Court found the damages at…
1Opinion of the Court
Opinion by Mr. Justice Catón :
The first objection is, that the plaintiff below contented himself with claiming to recover simply the value of the property taken, instead of going for the penalty of three times its value, as he might have done, under the statute. We do not think the objection founded in reason or in law. It is very unreasonable in the party to complain that he was only made to pay the single value of the property, instead of the treble value; and as to the law of the case, that is settled against him, in Pace et al., vs. Vaughn, 1 Gilm., 30, where it was held, that the injured…
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