Legal Opinion

Pease v. Ditto

Illinois Supreme Court

Decided February 20, 1901PublishedCited by 18 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding. This case has been before this court before, and the decision upon the former hearing is reported as Pease v. Ditto, 185 Ill. 317. When the case was here the first time, it appeared that in the trial court the issues were submitted to the court for decision without a jury; that the finding and judgment of the trial court were adverse to Ditto, the plaintiff below, and in favor of the appellants, who were the defendants…

1Opinion of the CourtJustice Magruder

Upon the former hearing of this cause, reported as Pease v. Ditto, 185 Ill. 317, we said (p. 321): “In this action chattel mortgages had been executed on the property in controversy, and such mortgages had been placed in the hands of the plaintiff by the mortgagees for the purpose of bringing the property to sale under the terms and conditions of the mortgages. He took possession of the property, and the same was levied upon and taken out of his possession by the appellant Pease, as sheriff. If his control and possession of the property were merely those of a servant or employee of the…

2Cases cited14 opinions

  1. Ludden v. LeavitiMassachusetts Supreme Judicial Court · 1812
  2. Ogden v. LarrabeeIllinois Supreme Court · 1873
  3. Barker v. MillerNew York Supreme Court · 1810
  4. Chandler v. LincolnIllinois Supreme Court · 1869
  5. Ackley v. FinchNew York Supreme Court · 1827

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3Cited by18 opinions

  1. General Motors Acceptance Corp. v. VaughnIllinois Supreme Court · 1934
  2. Midland Contracting Co. v. Toledo Foundry & Machine Co.Court of Appeals for the Seventh Circuit · 1907
  3. Frank v. HayesAppellate Court of Illinois · 1960
  4. Baldwin v. SmithAppellate Court of Illinois · 1907
  5. Milhahn v. SappAppellate Court of Illinois · 1949

13 more not listed; retrieve them via the Exa API.

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