Legal Opinion

Foster v. Magill

Illinois Supreme Court

Decided October 6, 1886PublishedCited by 4 opinions

Writ of Error to the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding.

1Opinion of the CourtJustice Craig

This was an action of replevin, brought by Emma L. Magill, against William W. Foster, sheriff of Macon county, to recover forty-four mules, which she claimed to have purchased of James DeLand, who originally owned the property. The mules were not found by the officer, but the writ of replevin was returned served on the defendant. Upon the return of the writ, the plaintiff filed a declaration in trover, with the view of recovering the value of the property. The defendant pleaded the general issue, and on a trial before a jury, the plaintiff recovered a judgment for the value of the property,…

2Cases cited1 opinion

  1. Piner v. CoverIllinois Supreme Court · 1870

3Cited by4 opinions

  1. Rauer v. RyndCalifornia Court of Appeal · 1915
  2. People's Casualty Claim Adjustment Co. v. DarrowIllinois Supreme Court · 1898
  3. People's Casualty Claim Adjustment Co. v. DarrowAppellate Court of Illinois · 1897
  4. Trenholm v. MilesMississippi Supreme Court · 1912

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