Legal Opinion

Presson v. Worthen

Appellate Court of Illinois

Decided September 5, 1896PublishedCited by 3 opinions

Debt, upon a constable’s bond. Appeal from the County Court of Jackson County; the Hon. R. J. McElvain, Judge, presiding. Heard in this court at the February term, 1896.

1Opinion of the CourtJustice Scofield

Appellee Worthen, a constable, having an execution against J. A. Presson, levied the same upon four hogs and a box, which was the property of appellant. The hogs were recovered by appellant in an action of replevin before a justice of the peace. The box was not found, and appellant did not seek to recover the value thereof, or damages for the wrongful taking and detention of the property.

Afterward appellant brought an action on the constable’s official bond for the recovery of these items, together with damages for time lost and expenses incurred in the prosecution of the replevin suit.

After…

2Cases cited2 opinions

  1. Karr v. BarstowIllinois Supreme Court · 1860
  2. Harris v. EldredSupreme Court of Vermont · 1869

3Cited by3 opinions

  1. People ex rel. Heidinger v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1937
  2. Harris v. NelsonAppellate Court of Illinois · 1904
  3. Bryers v. Highland Park Transfer & Storage Co.Appellate Court of Illinois · 1927

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