Craig v. Peake
Illinois Supreme Court
This was an appeal from the verdict of a jury, on a trial of the right of certain property, levied upon by the sheriff of Bureau county, on several attachments, in favor of the appellees, against Abner M. Moore, and which property was claimed by appellant. The verdict of the jury empanneled by the sheriff, was in favor of the claimant, (the appellant,) and the appellees appealed to the Circuit Court of Bureau county.
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This was an appeal from the verdict of a jury, on a trial of the right of certain property, levied upon by the sheriff of Bureau county, on several attachments, in favor of the appellees, against Abner M. Moore, and which property was claimed by appellant. The verdict of the jury empanneled by the sheriff, was in favor of the claimant, (the appellant,) and the appellees appealed to the Circuit Court of Bureau county. The cause was tried at the April term, 1858, of the Bureau Circuit Court, before Ballou, Judge, and a jury. The jury rendered a verdict for the defendants, (the appellees here.)…
1Opinion of the CourtCaton, C. J.
This case should have been submitted to the jury. There was evidence, to say the least, tending strongly to show that the property belonged to the claimant, and he had a right to take the opinion of the jury upon the evidence as to whether it was not his property. Independent of all other evidence, the property was .found in his possession, claiming title, and this was of itself sufficient to put the case to the jury. The court erred in instructing the jury to find as they did, and the judgment must be reversed and the cause remanded.
Judgment reversed.
2Cited by1 opinion
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