Second National Bank v. Gilbert
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. This is an action on the case, brought by the appellant against the appellee, sheriff of Cook county, charging that the appellee unlawfully refused "to levy a writ of execution, issued out of the office of the clerk of the superior court of Cook county in favor of appellant; and charging that the appellee, as such sheriff, made a false return of “no property found” upon such execution. The appellee filed the plea of the general…
1Opinion of the CourtJustice Magruder
The ground, upon which the trial court found for the appellee in this case, is stated in proposition No. 15, held by the court of its own motion to be the law in the decision of the case. That proposition, considered in connection with propositions numbered 7 and 8 as modified and held to be the law by the court below, was erroneous.
It is not claimed, that the bill of sale, which is alleged to have been executed by Tewksbury and Frederick S. Barnes to Henry F. Barnes in the latter part of October, 1893, was an absolute transfer of the title to the personal property in the hotel. Such bill of…
2Cases cited9 opinions
- Barchard v. KohnIllinois Supreme Court · 1895
- Porter v. . ParmleyNew York Court of Appeals · 1873
- Blatchford v. BoydenIllinois Supreme Court · 1887
- Martin v. DuncanIllinois Supreme Court · 1895
- Whittemore v. FisherIllinois Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ellet-Kendall Shoe Co. v. RossSupreme Court of Oklahoma · 1911
- Cowan v. DaleSupreme Court of North Carolina · 1925
- Cowan v. . DaleSupreme Court of North Carolina · 1925
- Spellman v. BeemanSupreme Court of Florida · 1915
- Farmers' & Merchants' Bank of Vandalia v. MainesCourt of Appeals for the Sixth Circuit · 1910
13 more not listed; retrieve them via the Exa API.