Lamping Bros. v. Payne
Illinois Supreme Court
Writ oe Error to the Circuit Court of Bock Island county; the Hon. George W. Pleasants, Judge, presiding. This was replevin, brought in the circuit court, by plaintiffs in error, against defendant in error, for certain goods found in the possession of defendant.
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Writ oe Error to the Circuit Court of Bock Island county; the Hon. George W. Pleasants, Judge, presiding. This was replevin, brought in the circuit court, by plaintiffs in error, against defendant in error, for certain goods found in the possession of defendant. Among other pleas, defendant pleaded a plea, called fourth plea, which was as follows: “And the defendant, for a further plea in this behalf, says actio non, because he says that, at the time when, etc., he, the defendant, was sheriff of said county of Bock Island, and on the twelfth (12) day of September, A. D. 1874, at the county…
1Opinion of the CourtJustice Dickey
It is insisted that the demurrer to this plea ought to have been sustained, and that the plea is faulty in not alleging that defendant “was duly elected and qualified as sheriff,” and in not showing that the executions mentioned did, upon their face, run “in the name of the People of the State of Illinois,” and in not showing that defendant indorsed upon the executions the time when they came into his hands, and in not showing that the goods in question were the property of Murphy at the time of the levy, and because the plea showed that the executions were void upon their face, etc.
Without…
2Cited by6 opinions
- People ex rel. Slusser v. GaryIllinois Supreme Court · 1902
- General Motors Acceptance Corp. v. VaughnIllinois Supreme Court · 1934
- Janes v. GilbertIllinois Supreme Court · 1897
- Bower v. PoppAppellate Court of Illinois · 1926
- Smith ex rel. Laramie v. Nyberg Automobile WorksAppellate Court of Illinois · 1913
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