Stier v. Harms
Illinois Supreme Court
Appeal from the Appellate Court for the First District ; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This was an action of trespass, brought by William Stier, to recover damages for the wrongful taking and appropriation of two horses, of which he claimed to be the owner, by Henry Harms.
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Appeal from the Appellate Court for the First District ; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This was an action of trespass, brought by William Stier, to recover damages for the wrongful taking and appropriation of two horses, of which he claimed to be the owner, by Henry Harms. Harms pleaded the general issue, and also that he took the horses by virtue of a distress warrant against his tenant, Henry Stier, (a brother of appellant,) against whom be recovered judgment for $195, and that when the levy was made Stier was…
1Opinion of the Court
Craig, J.:
After the horses had been taken by Harms on a distress warrant, the plaintiff in this action, William Stier, brought an action of replevin and took the horses under a writ of replevin. Subsequently, on failure to file a declaration, the action of replevin was dismissed and a writ of retorno habendo awarded. This writ was issued and the horses were taken under it, and, as the jury found, returned to Harms. After the return of the horses to Harms under the writ, this action of trespass was instituted to recover the value of the horses at the time they were taken under the distress…
2Cases cited4 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Mills v. . ParkhurstNew York Court of Appeals · 1891
- Dyckman v. SevatsonSupreme Court of Minnesota · 1888
- Flower v. BrumbachIllinois Supreme Court · 1890
3Cited by10 opinions
- Barchard v. KohnIllinois Supreme Court · 1895
- Altom v. HawesAppellate Court of Illinois · 1978
- First National Bank v. George R. Barse Live Stock Commission Co.Illinois Supreme Court · 1902
- Marcus v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1914
- Howard v. J. P. Paulson Co.Utah Supreme Court · 1912
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