Sidwell v. Lobly
Illinois Supreme Court
This was an action of replevin, brought by Lobly, who was plaintiff below, before a justice of the peace, and against Sid-well, to recover possession of one cow and calf, one steer and one heifer. Trial and verdict for defendant; appeal to Circuit Court; trial and verdict for plaintiff; motion for new trial, overruled. Case agreed to be heard in Second Grand Division.
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This was an action of replevin, brought by Lobly, who was plaintiff below, before a justice of the peace, and against Sid-well, to recover possession of one cow and calf, one steer and one heifer. Trial and verdict for defendant; appeal to Circuit Court; trial and verdict for plaintiff; motion for new trial, overruled. Case agreed to be heard in Second Grand Division. Wiley Miller testified, that he, as constable, held execution in favor of one Stebbins, against Lobly, for $21.96, and levied said execution on the property in controversy, and advertised the same for sale on 28th January. On…
1Opinion of the CourtWalker, J.
The refusal, of the court below, to give defendant’s instruction, is, among other matters, assigned as error. It is tMs: “ That if the jury believe that plaintiff delivered up the property in controversy to defendant, with his permission to pay the amount advanced, and redeem the property in a given period, and said period elapsed without such payment, then defendant’s right of ownership was. absolute on such failure.” Whilst the bill of exceptions fails to state that all of the evidence in the case is embodied, and we are therefore precluded from examining the question, whether the court…
2Cases cited1 opinion
- Wade v. MoffettIllinois Supreme Court · 1859
3Cited by4 opinions
- Johnston Bros. Co. v. WashburnAlabama Court of Appeals · 1917
- Russell v. SammonsAppellate Court of Illinois · 1920
- Sears, Roebuck & Co. v. Winchester Repeating Arms Co.Appellate Court of Illinois · 1913
- McDonald v. Western Tube Co.Appellate Court of Illinois · 1896