Gauche v. Mayer
Illinois Supreme Court
Plaintiff in error filed his declaration against Mayer and Wright in trespass for carrying away certain articles of chinaware and crockery, and other merchandise, fully described therein. Wright filed his plea of general issue.
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Plaintiff in error filed his declaration against Mayer and Wright in trespass for carrying away certain articles of chinaware and crockery, and other merchandise, fully described therein. Wright filed his plea of general issue. Mayer justified as sheriff under an execution issued from Cook county, in favor of Wright and against the property of Nolin, Belt and Galbreath, which said execution he had levied upon the goods, etc., etc., claimed by plaintiff in error in his declaration, as the goods of Nolin, one of the defendants in the said execution. Plaintiff filed two replications to said…
1Opinion of the CourtBreese, J.
To entitle a person to maintain an action of trespass, he must, at the time when the act, constituting the trespass, was done, either have the actual possession in him of the thing which is the object of the trespass, or else he must have a constructive possession, by reason of the right or title to the thing being actually vested in him, such title or right, drawing after it, a constructive possession. If the general owner parts with his possession, and the bailee, at the time when the injury was committed, has a right exclusively to use the thing, the inference of a constructive possession…
2Cited by7 opinions
- Coon v. RigdenSupreme Court of Colorado · 1878
- Fred W. Wolf Co. v. SalemAppellate Court of Illinois · 1889
- Knapp v. Alexander-Edgar, Lumber Co.Wisconsin Supreme Court · 1911
- Hubbard v. McCormickAppellate Court of Illinois · 1889
- Kitson v. EllingerAppellate Court of Illinois · 1889
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