Ellington v. King
Illinois Supreme Court
Writ of Error to the Circuit Court of Clark county; the Hon. H. B. Decitts, Judge, presiding. This was an action of replevin, originally brought before a justice of the peace, by the defendant in error, Samuel J. King, against the plaintiff in error, Daniel Ellington, for the recovery of a horse. The plaintiff obtained a verdict and judgment before the justice, and the same result followed upon an appeal to the circuit court of Clark county.
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Writ of Error to the Circuit Court of Clark county; the Hon. H. B. Decitts, Judge, presiding. This was an action of replevin, originally brought before a justice of the peace, by the defendant in error, Samuel J. King, against the plaintiff in error, Daniel Ellington, for the recovery of a horse. The plaintiff obtained a verdict and judgment before the justice, and the same result followed upon an appeal to the circuit court of Clark county. The further facts are fully stated in the opinion.
1Opinion of the CourtJustice Lawrence
King exchanged his horse for a mare belonging to the plaintiff in error, Daniel Ellington, defendant in the court below. The trade was made with Addison Ellington, acting as agent for his father, Daniel. The mare proving unsound, King, about two weeks after the trade, took her back to Addison, who was living with an uncle, a mile and a-half from his father, and requested him to take her and return the horse. Addison replied, his father had the horse, and plaintiff must go to him. This plaintiff did not do, and did not at any time offer to the defendant to return the mare or demand his horse.…
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