Legal Opinion

Ewing v. Runkle

Illinois Supreme Court

Decided April 15, 1858PublishedCited by 17 opinions

This was an action of trespass, commenced in the Knox Circuit Court, to recover the value of two wagons and seven horses, claimed by the plaintiff, and was tried in that court, Thompson, Judge, presiding, before a jury, at October term, 1857. Verdict and judgment for defendant. A motion for a new trial was overruled. Pleas were filed as follows: The general issue.

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This was an action of trespass, commenced in the Knox Circuit Court, to recover the value of two wagons and seven horses, claimed by the plaintiff, and was tried in that court, Thompson, Judge, presiding, before a jury, at October term, 1857. Verdict and judgment for defendant. A motion for a new trial was overruled. Pleas were filed as follows: The general issue. That on the 20th day of August, 1856, seven attachments were issued out of the Circuit Court of Knox county, against Smith A. Brown and Ira Brown, as follows : One in favor of Hugh and Washington Hagey ; one in favor of Robert C.…

1Opinion of the CourtBreese, J.

The principal question in this case, arises out of the instructions given on behalf of the defendant, Runkle, in which a construction was given to our statute of “ Frauds and Perjuries,” Chap. 44, sec. 2, R. L., 258, to which it seems to us not to be entitled. .

The language of that part of this section necessary to be noticed, is as follows: “ Every gift, grant or conveyance of lands, tenements, hereditaments, goods or chattels, or of any rent, common or profit of the same, by writing or otherwise; and every bond, suit, judgment or execution, had and made, or contrived of malice, fraud,…

2Cited by17 opinions

  1. Schroeder v. WalshIllinois Supreme Court · 1887
  2. Chambers v. PeopleIllinois Supreme Court · 1883
  3. Miller v. KirbyIllinois Supreme Court · 1874
  4. Hessing v. McCloskeyIllinois Supreme Court · 1865
  5. Myers v. KinzieIllinois Supreme Court · 1861

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