Legal Opinion

Bowen v. Schuler

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 11 opinions

Appeal from the Circuit Court of Lee county; the Hon. W. W. Heatoe, Judge, presiding. This was an action of replevin for the recovery of a large quantity of goods, brought by James H. Bowen, George S. Bowen, Chauncey J. Bowen and George Whitman, in the Lee Circuit Court, against George L. Schuler. The declaration was for the wrongful taking and detention of the goods. The pleas were, non c&pit, non detvnet— property in defendant and property not in the plaintiffs.

Read the full summary

Appeal from the Circuit Court of Lee county; the Hon. W. W. Heatoe, Judge, presiding. This was an action of replevin for the recovery of a large quantity of goods, brought by James H. Bowen, George S. Bowen, Chauncey J. Bowen and George Whitman, in the Lee Circuit Court, against George L. Schuler. The declaration was for the wrongful taking and detention of the goods. The pleas were, non c&pit, non detvnet— property in defendant and property not in the plaintiffs. A demurrer was sustained to the last plea and issue formed on the others. At the June Term, 1865, a trial was had by the court and…

1Opinion of the CourtChief Justice Walker

Appellants brought an action of replevin against appellee to recover a large stock of goods and merchandise. The declaration was in the usual form, and appellee filed the pleas of non oejpit, non detinet, property in defendant, and that the plaintiffs were not the owners of the goods. Issue was joined on these several pleas, a trial was afterward had by the court and a jury, resulting in a verdict and judgment in favor of defendant. And the cause is brought to this court on appeal, and reversal is urged upon several grounds.

The first is, that the court erred in refusing to give for appellants…

2Cases cited6 opinions

  1. Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
  2. Jennings v. GageIllinois Supreme Court · 1852
  3. Buchenau v. HorneyIllinois Supreme Court · 1851
  4. Bradley v. BurwellNew York Supreme Court · 1846
  5. Stewart v. DoughertyCourt of Appeals of Kentucky · 1835

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Star Accident Co. v. SibleyAppellate Court of Illinois · 1895
  2. Mitchell v. MitchellIllinois Supreme Court · 1914
  3. Bowden v. SpellmanSupreme Court of Arkansas · 1894
  4. Huthmacher ex rel. Levy v. Lowman's SonsAppellate Court of Illinois · 1896
  5. Worthey v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Court of Illinois · 1929

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API