Amos v. Sinnott
Illinois Supreme Court
This cause was heard in the court below at the September term, 1843, before the Hon. James Shields and a jury. The jury found the issues for the plaintiff, and the defendant brought the cause to this court by writ of error. 1. The court below erred in refusing to dismiss the said suit for want of declaration, at the first term of the said circuit court.
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This cause was heard in the court below at the September term, 1843, before the Hon. James Shields and a jury. The jury found the issues for the plaintiff, and the defendant brought the cause to this court by writ of error. 1. The court below erred in refusing to dismiss the said suit for want of declaration, at the first term of the said circuit court. R. L. 486, § 1, 488, § 6, 492, § 22; Paine & Duer’s Pract. 461. 2. The court erred in refusing to instruct the jury as in case of' non-suit. Wright v. Armstrong, Breese 130. Under the plea of non cepit the plaintiff must prove the taking, and…
1Opinion of the Court
Young, Justice,
[*442] delivered the opinion of the court: (1) This was an action of replevin, commenced by Sinnott against Amos, in the Clinton circuit court, for the wrongful detention of a two horse wagon and harness. Amos, at the first term of the court to which the process was made returnable; moved the court to dismiss the suit for want of a declaration ; which motion was overruled, and the cause continued until the next term, at Sin-nott’s costs. At the next succeeding term, the plaintiff below filed his declaration in the usual form for a wrongful detainer, to which the defendant, Amos, by…
2Cases cited3 opinions
- Linville v. EarlywineIndiana Supreme Court · 1838
- Whitesides v. CollierCourt of Appeals of Kentucky · 1838
- Lougee v. ColtonCourt of Appeals of Kentucky · 1839