Van Namee v. Bradley
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was an action of replevin, brought by Alice Van Namee against Timothy M. Bradley and Michael B. McDonough, for certain personal property. The substance of the material facts appear in the opinion of the court. On the trial a verdict was had for the defendants, upon which the court rendered judgment, and the plaintiff appealed.
1Opinion of the CourtJustice Scholfield
There is no attempt to justify the taking of the property by the defendants in this case. . The pleas of non cepit and non detinet concede the right of property to be in the plaintiff, and only put in issue its caption and detention. Johnson v. Howe, 2 Gilm. 342; Vose et al. v. Hart, 12 Ill. 378; Warner v. Matthews, 18 id. 86; Bourk v. Riggs, 38 id. 320; Chandler v. Lincoln, 52 id. 74.
The plea of property in D. A. Van Namee, Jr., the husband of the plaintiff, only put in issue her right to the property— the allegation of property in the husband being merely inducement to the traverse of the…
2Cases cited4 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Johnson v. . CarnleyNew York Court of Appeals · 1854
- Vose v. HartIllinois Supreme Court · 1851
- Wheeler v. McCorristenIllinois Supreme Court · 1860
3Cited by13 opinions
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Pease v. DittoIllinois Supreme Court · 1901
- Rosengren v. Manufacturers National BankAppellate Court of Illinois · 1921
- Miller v. GableAppellate Court of Illinois · 1889
- Terhune v. MatsonAppellate Court of Illinois · 1891
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