Mann v. Oberne
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Kiric Hawes, Judge, presiding. This was replevin in the cepit, brought by Oberne and Ho sick against O. L. Mann (then sheriff), and Eppstein and Marks for 160 sides of leather.
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Appeal from the Circuit Court of Cook county; the Hon. Kiric Hawes, Judge, presiding. This was replevin in the cepit, brought by Oberne and Ho sick against O. L. Mann (then sheriff), and Eppstein and Marks for 160 sides of leather. The pleas were 1, non cepit; 2, non detinet; 3, property in one Scheiderer; 4, justification under attachment against Scheiderer, with averment of property in him; 5, special plea by Eppstein and Marks, of estoppel in pais, in substance as follows: That plaintiffs are barred and estopped from bringing or maintaining their said action, because before and at the said…
1Opinion of the CourtMcAllister, P. J.
That the fifth plea, setting up an estoppel in pais, and to which the court below sustained a general demurrer, is good in substance, can scarcely admit of doubt. It presents with sufficient certainty all the necessary - elements of an estoppel in pais, and if true, amounts to a defense to the action. To sustain a demurrer to it was there-lore error, if the defendants were justified under the rules of pleading in filing it; and it is error which should reverse the judgment below, unless this court is bound to presume that the defendants filing it had the benefit of the same defense as fully,…
2Cases cited4 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Warner v. CraneIllinois Supreme Court · 1858
- Leeper v. HersmanIllinois Supreme Court · 1871
- Stevenson v. SherwoodIllinois Supreme Court · 1859
3Cited by2 opinions
- Dickson v. New York Biscuit Co.Illinois Supreme Court · 1904
- Campbell v. GoodallAppellate Court of Illinois · 1894