Humphreys, Newton & Co. v. Swain
Appellate Court of Illinois
Appeal from the Circuit Court of McLean County; the Hon. O. T. Beeves, Judge, presiding. Statement of the case by Wall, J. This was replevin brought by appellants against appellee. The case was tried once before and appealed to this court, and judgment reversed15 Ill. App. 451. Arnspiger and Lovell were the owners of the property in controversy, which consisted of.a stock of groceries.
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Appeal from the Circuit Court of McLean County; the Hon. O. T. Beeves, Judge, presiding. Statement of the case by Wall, J. This was replevin brought by appellants against appellee. The case was tried once before and appealed to this court, and judgment reversed15 Ill. App. 451. Arnspiger and Lovell were the owners of the property in controversy, which consisted of.a stock of groceries. They bought goods of appellants, who were wholesale merchants, and gave them a chattel mortgage on the property in controversy and the fixtures in the same store to secure the purchase money. After the mortgage…
1Opinion of the CourtWall, J.
The Circuit Court declined to consider the testimony offered by appellants tending to show'that the execution was issued by the clerk before the judgment was actually entered up. It is contended by appellee that such proof is not competent because its effect is to ‘impeach a record which imports verity. It is conceded that an execution issued before the entry of judgment is void, may be questioned collaterally, and a subsequent entry will not validate it. Ling v. King, 91 Ill. 571; Cummins v. Holmes, 109 Ill. 15.
It was expressly held in Baker v. Barber, 16 Ill. App. 621, that parol evidence…
2Cases cited3 opinions
- Ling v. King & Co.Illinois Supreme Court · 1878
- Cummins v. HolmesIllinois Supreme Court · 1884
- Baker v. BarberAppellate Court of Illinois · 1885
3Cited by1 opinion
- Swaim v. HumphreysAppellate Court of Illinois · 1891