Otten v. Lehr
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of replevin, brought by Jacob Lehr, the appellee, against Bernhard Otten, before a justice of the peace, for a horse. A judgment was rendered in favor of the defendant. The plaintiff, being unable to perfect an appeal for the reasons stated in the opinion, removed the cause to the county court of St. Clair county by certiorari, under the statute.
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Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of replevin, brought by Jacob Lehr, the appellee, against Bernhard Otten, before a justice of the peace, for a horse. A judgment was rendered in favor of the defendant. The plaintiff, being unable to perfect an appeal for the reasons stated in the opinion, removed the cause to the county court of St. Clair county by certiorari, under the statute. The county court quashed the certiorari, and from this judgment the plaintiff appealed to the circuit court, where the judgment of the…
1Opinion of the CourtJustice Scott
This suit was commenced before a justice of the peace. A trial was had before the justice and a jury, which resulted in a judgment in favor of appellant. Appellee being prevented, as he alleges, from taking an appeal in the ordinary way, removed the cause to the county court of St. Clair county by a writ of certiorari. A motion was made in that court to quash the writ and dismiss the appeal, on the ground the facts stated in the petition were not sufficient to show it was not in the power of the petitioner to have taken an appeal in the ordinary wav, which motion was sustained and the appeal…
2Cases cited1 opinion
- Cook v. HoytIllinois Supreme Court · 1851
3Cited by3 opinions
- Reynolds v. Manhattan Trust Co.Court of Appeals for the Eighth Circuit · 1897
- Ide v. SayerAppellate Court of Illinois · 1889
- Fisher v. Pennsylvania Co.Appellate Court of Illinois · 1905