Legal Opinion

O'Keefe v. Kellogg

Illinois Supreme Court

Decided June 15, 1854PublishedCited by 16 opinions

Judgment was rendered by Peters, Judge, at November term, 1853, of the Peoria Circuit Court, in favor of Kellogg, for return of the wheat in the declaration mentioned, and his costs, and in favor of O’Keefe for one cent damages and his costs. O’Keefe prayed this appeal.

1Opinion of the Court

This was an action of replevin commenced by appellant against the appellee for 600 bushels of Indian corn, and 500 bushels of wheat.

Declaration contained two counts: For an unlawful taking, and for an unlawful detention.

Pleas, not guilty of unlawful taking; not guilty of unlawful detention; property in defendant Kellogg.

On the trial plaintiff read in evidence the following agreements : “ The terms of the following agreement between E. B. Kellogg of the first part, and George Myers of the second part, are as follows, to wit: Ezra B. Kellogg has sold his span of horses to George Myers for one…

2Cases cited1 opinion

  1. McGoon v. AnkenyIllinois Supreme Court · 1850

3Cited by16 opinions

  1. Kohl v. LindleyIllinois Supreme Court · 1866
  2. Phipps v. TaylorOregon Supreme Court · 1887
  3. Callaghan v. MyersIllinois Supreme Court · 1878
  4. Rhynas v. KeckSupreme Court of Iowa · 1917
  5. Seckel v. ScottIllinois Supreme Court · 1872

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