Legal Opinion

Burgett v. Gilbert

Appellate Court of Illinois

Decided March 31, 1903Published

Debt, upon a renlevin bond. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge presiding. Heard in the Branch Appellate Court at the March term, 1902.

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the court.

This is an appeal from a judgment rendered in an action of debt brought upon a replevin bond running to James H. Gilbert, as sheriff, and signed by appellants.

In the action of replevin, under the writ therein issued, there was taken by Gilbert, as sheriff, from the possession of John A. Bogers, five barrels of whisky owned bv him.

November 27, 1894, on motion of an attorney for the defendants therein, the replevin suit was dismissed for want of prosecution at plaintiff’s costs, and it was ordered that a writ of retorno habendo…

2Cases cited4 opinions

  1. Stevison v. EarnestIllinois Supreme Court · 1875
  2. Atkins v. MooreIllinois Supreme Court · 1876
  3. Chapin v. MatsonAppellate Court of Illinois · 1890
  4. Wheat v. BowerAppellate Court of Illinois · 1891

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