Reynolds v. McCormick
Illinois Supreme Court
Appeal from the Circuit Court of Adams County; the Hon. Joseph Sibley, Judge, presiding. The facts are sufficiently stated in the opinion of the court, except that the defendant below claimed to have purchased one-half interest in the property replevied of the plaintiff, while they were practicing medicine in partnership. On this point, the only testimony ivas that of the parties, who expressly contradict each other.
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Appeal from the Circuit Court of Adams County; the Hon. Joseph Sibley, Judge, presiding. The facts are sufficiently stated in the opinion of the court, except that the defendant below claimed to have purchased one-half interest in the property replevied of the plaintiff, while they were practicing medicine in partnership. On this point, the only testimony ivas that of the parties, who expressly contradict each other. The court below refused the third and fifth instructions as'ked by plaintiff, which are as follows: 3. If the jury believe, from the evidence, that the defendant’s only claim of…
1Opinion of the CourtJustice Scott
The declaration in this case contained two counts: one for the taking, and one for detaining, the property described in the writ.
The pleas were, first, non detinet; second, non cep it; and third, property in the defendant, with issue thereon to the country.
The third plea filed by the appellee is, in effect, a special or formal traverse, averring, by way of inducement, property in himself, and traversing, under the absque hoc, the appellant’s allegation of ownership in the property. It has been uniformly held by this court, in harmony with the decisions in other States where the common law…
2Cases cited2 opinions
- Chandler v. LincolnIllinois Supreme Court · 1869
- Constantine v. FosterIllinois Supreme Court · 1870
3Cited by13 opinions
- Jenkins v. MitchellNebraska Supreme Court · 1894
- Midland Contracting Co. v. Toledo Foundry & Machine Co.Court of Appeals for the Seventh Circuit · 1907
- Forgan v. Gordon Motor Finance Co.Illinois Supreme Court · 1932
- Frank v. HayesAppellate Court of Illinois · 1960
- Second National Bank v. ThuetAppellate Court of Illinois · 1906
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