Cole v. Green
Illinois Supreme Court
Green claimed the property levied upon, as exempt from execution. On the trial of right of property, the case was submitted to the court, Harriott, Judge, presiding, who found the law and facts for Green. Cole, the plaintiff in execution, took exception, and brings the cause to this court.
1Opinion of the CourtCaton, C. J.
The evidence as to the value of the debtor’s property is very conflicting, and it was the province of the court below, sitting in the place of a jury, carefully to consider it, and determine the facts thereby established, as a jury would have done. The court found that the proof showed that the value of the property did not exceed sixty dollars, and. we cannot say that such finding was contrary to the evidence. We shall therefore consider that fact as settled. And also that the property was suited to the condition in life, of the debtor, and that he was the head of a family and residing with…
2Cited by7 opinions
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Green v. MarksIllinois Supreme Court · 1860
- Beckmann v. MeyerSupreme Court of Missouri · 1882
- Harrington v. SmithSupreme Court of Colorado · 1890
- Stern v. RichesWisconsin Supreme Court · 1901
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