Whitaker v. Wheeler
Illinois Supreme Court
Appeal from the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. In July, 1865, George W. Whitaker, then sheriff of Lawrence county, levied an attachment on one hundred and sixteen head of cattle, and some other stock and personal property. The attachment was in favor of Mark Sunthimer, and against Charles Wheeler and "Robert Potter.
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Appeal from the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. In July, 1865, George W. Whitaker, then sheriff of Lawrence county, levied an attachment on one hundred and sixteen head of cattle, and some other stock and personal property. The attachment was in favor of Mark Sunthimer, and against Charles Wheeler and "Robert Potter. At the time of the levy, Daniel Wheeler claimed to own all the property, and was then herding the stock, and was in possession of the other property as the owner. On the 21th of that month, Daniel Wheeler gave a notice in writing, and…
1Opinion of the CourtJustice Lawrence
This was an action of trover, brought by Daniel Wheeler against Whitaker, to recover the value of certain cattle and other personal property levied on by Whitaker, as sheriff, under a writ of attachment issued against one Charles Wheeler. Prior to the trial of this case, there had been a trial of the right of property, and a verdict found for the plaintiff. The plaintiff offered the record of that suit in evidence in this case, and it was admitted against the objection of the defendant. Its admission was error, since the sheriff was not a party to that proceeding, in any sense that would make…
2Cited by8 opinions
- Keshner v. KeshnerIllinois Supreme Court · 1941
- Schmohl v. FiddickAppellate Court of Illinois · 1889
- Andrews v. VotawAppellate Court of Illinois · 1926
- Jones v. PeopleAppellate Court of Illinois · 1886
- Bollnow v. RoachIllinois Supreme Court · 1904
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