Stoner v. Shugart
Illinois Supreme Court
Writ of Error to the Circuit Court of Bureau county; the Hon. M. E. Hollister, Judge, presiding. This was an action of replevin, originally brought by John Shugart, Jr., against Frederick Stoner and William Stoner, before a justice of the peace, to recover the possession of a colt which was taken up by the defendant while in their field, and which they refused to give up until their charges were paid. The trial before the justice resulted in favor of the plaintiff.
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Writ of Error to the Circuit Court of Bureau county; the Hon. M. E. Hollister, Judge, presiding. This was an action of replevin, originally brought by John Shugart, Jr., against Frederick Stoner and William Stoner, before a justice of the peace, to recover the possession of a colt which was taken up by the defendant while in their field, and which they refused to give up until their charges were paid. The trial before the justice resulted in favor of the plaintiff. The defendants appealed to the Circuit Court, where the case was again tried, and a verdict' found for the plaintiff. A motion…
1Opinion of the CourtJustice Walker
Shugart brought an action of replevin before a justice of the peace in Bureau county, against William and Frederick Stoner, to recover possession of a colt. It .appears, that, while the animal was on-the premises, and in the inclosure of Frederick Stoner, he took it up, and confined and held it until it was taken from him by this action. He claimed that it was trespassing upon his close, and -that he had the right to confine and hold it, until the charges were paid by defendant in error. It. appears that the close of plaintiffs in error adjoined the land of Mrs. Epperson, which was on the…
2Cases cited1 opinion
- McCormick v. TateIllinois Supreme Court · 1858
3Cited by4 opinions
- Scott v. WirshingIllinois Supreme Court · 1872
- Birket v. WilliamsAppellate Court of Illinois · 1888
- Runyan v. . PattersonSupreme Court of North Carolina · 1882
- Harvey Oil v. RowleyIllinois Supreme Court · 1873