Cassell v. Williams
Illinois Supreme Court
This was an action of trespass, originally brought by appellee against the appellant, before a justice of the peace, to recover a penalty under the statute for taking property under an execution against the ajspellee, which was exempt from execution.
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This was an action of trespass, originally brought by appellee against the appellant, before a justice of the peace, to recover a penalty under the statute for taking property under an execution against the ajspellee, which was exempt from execution. The case was taken into the Circuit Court of Woodford, by appeal, and a trial by the Court, Davis, Judge, presiding, without a jury, and judgment rendered against said appellant, for $99 00 and costs, at April term, 1851. The appellee proved the judgment, upon which execution issued to appellant, the execution, delivery thereof to appellant, a…
1Opinion of the CourtTrumbull, J.
Williams sued Cassell, in trespass, to recover three-fold the value of a mare, taken by the latter, as constable, on an execution against the former.
The record shows, that the execution was issued and came to the hands of Cassell, on the 24tli day of January, eighteen hun ■ dred and fifty ; that he made a levy upon the mare in controversy, as the property of Williams, on the eleventh of March following; that he, Kingston, claimed the mare as his property, whereupon a trial of the right of property was had, which resulted in a judgment against the claimant; that the mare was in the possession…
2Cited by6 opinions
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- Cipperly v. RhodesIllinois Supreme Court · 1870
- Kinder v. TrottiSupreme Court of Louisiana · 1912
- Bashinski v. TalbottCourt of Appeals for the Fifth Circuit · 1902
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