Larsen v. Ditto
Appellate Court of Illinois
Replevin.—Error to the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Heard in this court at the October term, 1899.
1Opinion of the Court
Mr. Presiding Justice Adams
delivered the opinion of the court.
Ditto, over the objection of plaintiff’s attorney, was permitted by the court to testify that he was a constable. The question whether he was a constable was directly in issue by the pleadings. This being the case, it was incumbent on him to prove that he was a de jure officer, and his oral testimony was incompetent for that purpose. Case v. Hall, 21 Ill. 632; Outhouse v. Allen, 72 Ib. 529; Vaughn v. Owens, 21 Ill. App. 249; Home Ins. Co. v. Tierney, 47 Ib. 600.
Ditto pleaded non eejoit, non detinet, and a special plea justifying…
2Cases cited7 opinions
- West Chicago Street Railroad v. Morrison, Adams & Allen Co.Illinois Supreme Court · 1896
- Havely v. LowryIllinois Supreme Court · 1863
- Case v. HallIllinois Supreme Court · 1859
- Chittenden v. RogersIllinois Supreme Court · 1866
- Vaughn v. OwensAppellate Court of Illinois · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ebner v. Kaiser (In re Kaiser)District Court, N.D. Illinois · 2015
- Boller v. O'ConnorAppellate Court of Illinois · 1910