Charles v. Neigelsen
Appellate Court of Illinois
Appeal from the County Court of Cook county; the Hon. Richard Peendeegast, Judge, presiding. This was an action of replevin to recover possession of ahorse, gig and harness, brought by William W. Charles against Ernest Neigelsen, before a justice of the peace, and afterward taken by appeal to the county court. A trial was had in the county court, before the court without a jury, upon an agreed state of facts, resulting in a finding and judgment' for the defendant.
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Appeal from the County Court of Cook county; the Hon. Richard Peendeegast, Judge, presiding. This was an action of replevin to recover possession of ahorse, gig and harness, brought by William W. Charles against Ernest Neigelsen, before a justice of the peace, and afterward taken by appeal to the county court. A trial was had in the county court, before the court without a jury, upon an agreed state of facts, resulting in a finding and judgment' for the defendant. The facts, as agreed upon, are substantially as follows: On the 18th day of October, 1883, one H. 0. Block was the owner and in…
1Opinion of the CourtBailey, J.
The plaintiff claims the property described in the replevin writ by virtue of a chattel mortgage executed to him by the owner, and which is admitted to be in all respects valid. The defendant claims it by virtue of a lien acquired by him, subsequent to the execution of the mortgage, as a stable keeper, under the forty-ninth section of the statute in relation to liens. The only question'in the ease is as to which of these parties has the prior or superior lien.
The section of the statute above referred to is as follows: “ Stable keepers, and any persons, shall have a lien upon the horses,…
2Cases cited3 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Gilson v. GwinnMassachusetts Supreme Judicial Court · 1871
- Barque Great West No. 2 v. OberndorfIllinois Supreme Court · 1870
3Cited by9 opinions
- Peter Barrett Manufacturing Co. v. RonkNew York Court of Appeals · 1914
- Hanch v. RipleyIndiana Supreme Court · 1890
- Stone v. Kelley & SonMissouri Court of Appeals · 1894
- Ellison v. TuckermanColorado Court of Appeals · 1913
- Ellison v. TuckermanColorado Court of Appeals · 1913
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