Frink v. Flanagan
Illinois Supreme Court
Replevin, originally brought in the Peoria Circuit Court, May term 1843. The affidavit filed in the case was as follows, to wit: [[Image here]] Curran Walker, being duly sworn, on oath deposes that he is the agent of John Frink — that he has good reason to believe and does verily believe that the said John Frink is the owner and lawfully entitled to the possession of the following described property, to wit: Eight sticks of hewed oak timber from eighteen to twenty feet long…
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Replevin, originally brought in the Peoria Circuit Court, May term 1843. The affidavit filed in the case was as follows, to wit: [[Image here]] Curran Walker, being duly sworn, on oath deposes that he is the agent of John Frink — that he has good reason to believe and does verily believe that the said John Frink is the owner and lawfully entitled to the possession of the following described property, to wit: Eight sticks of hewed oak timber from eighteen to twenty feet long and from eight to ten inches square, — one stick of hewed oak timber from twenty to thirty feet long, and from eight to…
1Opinion of the Court
The Opinion of the Court was delivered by
Caton, J.
This was an action of replevin, commenced in the Peoria Circuit Court, where the issues were made up, and the venué changed to the county of Stark. There the defendant moved the Court to dismiss the suit for the want of a sufficient affidavit, which was resisted by the plaintiff, who applied for leave to amend his affidavit. The Court overruled the motion for leave to amend the affidavit, and sustained the motion to dismiss the suit: These decisions are assigned for error.
The affidavit was made by Curran Walker, the agent of the plaintiff, who…
2Cited by4 opinions
- Hutchings v. CobbleSupreme Court of Oklahoma · 1911
- Roberts v. PerrineAppellate Court of Illinois · 1928
- Stone v. ChurchNew York County Court, Broome County · 1939
- In re WatsonDistrict Court, D. Vermont · 1882