Karr v. Barstow
Illinois Supreme Court
Shit was commenced in trespass, for taking goods, etc., by Hiram E. Barstow, against James H. Karr, Cyrus R. Brown, and Michael B. White, on 2nd of April, 1858, in the Circuit <-'ourt Iroquois county, returnable on the 19th day of April, 1858. Defendant pleaded, 1st, not guilty; 2nd, special pleas, alleging that plaintiff, at the April term of said court, 1857, commenced an action of replevin against James H. Karr, one of the defendants, for the recovery of the same goods,…
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Shit was commenced in trespass, for taking goods, etc., by Hiram E. Barstow, against James H. Karr, Cyrus R. Brown, and Michael B. White, on 2nd of April, 1858, in the Circuit <-'ourt Iroquois county, returnable on the 19th day of April, 1858. Defendant pleaded, 1st, not guilty; 2nd, special pleas, alleging that plaintiff, at the April term of said court, 1857, commenced an action of replevin against James H. Karr, one of the defendants, for the recovery of the same goods, the taking of which are the same supposed trespasses-in the declaration in this suit mentioned. That the writ of replevin…
1Opinion of the Court
Catón, C. J.
This was an action of trespass for taking and carrying away certain goods. The defendants pleaded that the plaintiff had previously brought an action of replevin against the defendant, Karr, for the same goods for the taking of which this action was brought, in which he recovered the goods taken, and five cents for their detention. To the second and third pleas setting up this defense, the court sustained a demurrer, which is now assigned for error. The principal upon which this demurrer is attempted to be sustained is, that a plea by several defendants must be good for all, and…
2Cited by7 opinions
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- Woodworth v. GorslineSupreme Court of Colorado · 1902
- Presson v. WorthenAppellate Court of Illinois · 1896
- Kapischke v. KochAppellate Court of Illinois · 1898
- Vigeant v. ScullyAppellate Court of Illinois · 1889
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