Hill v. Figley
Illinois Supreme Court
This is an action of trespass, commenced by the appellee against the appellants in the Hancock Circuit Court, in which the declaration contains a single count, and alleges that the defendants, on the 21st day of May, A. D. 1859, and on divers other days between that day and the commencement of the suit, with force and arms took and carried away 500 cords of wood, the property of the plaintiff, of great value, etc., and converted the same to their own use, etc., and to the…
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This is an action of trespass, commenced by the appellee against the appellants in the Hancock Circuit Court, in which the declaration contains a single count, and alleges that the defendants, on the 21st day of May, A. D. 1859, and on divers other days between that day and the commencement of the suit, with force and arms took and carried away 500 cords of wood, the property of the plaintiff, of great value, etc., and converted the same to their own use, etc., and to the plaintiff’s damage, $2,000. The defendants pleaded the general issue, and a jury being waived, the cause was tried by the…
1Opinion of the CourtWalker, J.
The issuing of the collector’s warrant was prior in date, and if it ever became a lien, it was before the judgment was recovered and the execution issued. It was dated on the 8th day of November, 1858, and the execution on the 28th of March following. A sale under the execution on the 30th day of April, 1859, could not defeat the sale under the collector’s warrant on the 4th of May, unless the latter never became a lien on the property sold.
The objection urged against the collector’s warrant, is, that the assessment roll, upon which it was based, was void for want of some character or word…
2Cases cited2 opinions
- Munson v. MinorIllinois Supreme Court · 1859
- Hill v. FigleyIllinois Supreme Court · 1860
3Cited by3 opinions
- Bird v. PerkinsMichigan Supreme Court · 1875
- Mathews v. DensmoreMichigan Supreme Court · 1880
- Leachman v. DoughertyIllinois Supreme Court · 1876