O'Donnell v. Colby
Appellate Court of Illinois
Memorandum.—Action upon a replevin bond. In the Circuit Court of Sangamon County; the Hon. James A. Creighton, Judge, presiding. Declaration in debt; judgment on demurrer to pleas (the pleas appear in the opinion of the court); defendant appeals. Heard in this court at the November term, 1893, and affirmed.
1Opinion of the CourtJustice Wall
This is an appeal from a judgment against the principal and surety upon a replevin bond.
The record in the original action of replevin, wherein the plaintiff recovered, was brought to this court and the judgment was reversed because, as was held, the Circuit Court was without jurisdiction of the property at the time the writ of replevin was sued out, being in the possession of Colby under a deed of assignment made by Vaughn for the benefit of his creditors. Colby v. O’Donnell, 17 Brad. 473. The replevin suit was afterward dismissed by the Circuit Court with an order for the return of the…
2Cases cited2 opinions
- Washington Ice Co. v. WebsterSupreme Court of the United States · 1888
- Colby v. O'DonnellAppellate Court of Illinois · 1890
3Cited by2 opinions
- Moore ex rel. Webb v. Paul F. Beech Co.Appellate Court of Illinois · 1921
- Richardson v. GilbertAppellate Court of Illinois · 1907