Hackett v. Jones
Appellate Court of Illinois
Appeal from the Circuit Court of Crawford County; the Hon. Wm. C. Jones, Judge, presiding. This is an action of replevin brought by appellant against appellee, who is the sheriff of Crawford county, Illinois, to recover certain property levied on by him as such sheriff. To the plaintiff’s declaration the defendant filed ¡deas of non eepit, non detinet, property in Charles FT.
Read the full summary
Appeal from the Circuit Court of Crawford County; the Hon. Wm. C. Jones, Judge, presiding. This is an action of replevin brought by appellant against appellee, who is the sheriff of Crawford county, Illinois, to recover certain property levied on by him as such sheriff. To the plaintiff’s declaration the defendant filed ¡deas of non eepit, non detinet, property in Charles FT. Hackett, and filed special pleas in which the recovery of five separate judgments against Charles FT. Hackett is alleged, and issuing executions thereon, which came to the hands of appellee as sheriff, and by him levied…
1Opinion of the CourtPhillips, J.
The pleas of non eepit and non detinet admit the property in plaintiff, and put in issue the taking and detention only. The verdict of not guilty was responsive only to the pleas of non oepit and non detinet. Hanford v. Obrecht, 38 Ill. 493; Bourk v. Riggs, 38 Ill. 320; Underwood v. White, 45 Ill. 437; Ingalls v. Bulkley, 15 Ill. 224.
There was no finding as to the six special pleas, and it was error to enter judgment on a verdict finding on but part of the issues, and silent as to others. Vase et al. v. Hart, 12 Ill. 378; Nelson v. Bowen, 15 Ill. App. 477; Mattson v. Hirsch, 5 Ill. App. 104.
Th…
2Cases cited7 opinions
- Vose v. HartIllinois Supreme Court · 1851
- Ingalls v. BulkleyIllinois Supreme Court · 1853
- Underwood v. WhiteIllinois Supreme Court · 1867
- Bourk v. RiggsIllinois Supreme Court · 1865
- Hanford v. ObrechtIllinois Supreme Court · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dyer v. BrownAppellate Court of Illinois · 1897
- Launtz v. BrownAppellate Court of Illinois · 1909