Montgomery v. Wayne
Illinois Supreme Court
This was a suit of trespass to personal property, brought by the plaintiff in error against the defendant in error, before a justice of the peace of McHenry county, and appealed to the circuit court of McHenry county, Wilson, Judge, where it was tried by the court, a jury being waived, at the March term, 1852, and judgment rendered in favor of the defendants below. The facts of the case sufficiently appear in the opinion of the court..
1Opinion of the Court
Catón, J.
The ground upon which the plaintiff seeks to recover in this action, is that the levy of the execution upon the oxen for which the suit was brought was illegal, for the reason that the execution had been satisfied by the previous levy upon a wagon of greater value than the amount of the execution. The evidence relative to that former levy is this. The defendant Cram, the constable, said that he had levied upon the wagon, and advertised it for sale. At the time and place of sale the wagon was not present, but was away, in the possession, and under the control of the plaintiff. The…
2Cited by4 opinions
- Hanna v. Cincinnati & Fort Wayne R. R.Indiana Supreme Court · 1863
- Everingham v. National City BankIllinois Supreme Court · 1888
- Chandler v. HigginsIllinois Supreme Court · 1884
- Everingham v. National City BankAppellate Court of Illinois · 1888