Minor v. Herriford
Illinois Supreme Court
This is an action of trespass, originally brought by the plaintiff in error against the defendants in error, before a justice of the peace in Fulton county. The parties appeared, and trial was bad by a jury, which resulted in a verdict for plaintiff for the sum of $55* upon which judgment was rendered by the court. An appeal was taken to the Circuit Court of said county.
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This is an action of trespass, originally brought by the plaintiff in error against the defendants in error, before a justice of the peace in Fulton county. The parties appeared, and trial was bad by a jury, which resulted in a verdict for plaintiff for the sum of $55* upon which judgment was rendered by the court. An appeal was taken to the Circuit Court of said county. At the September term of said court, the parties appeared, and the cause coming on for a hearing, waived a jury, and put themselves on the court for trial. Whereupon, the plaintiff called Robert Johnson as a witness on his…
1Opinion of the CourtBreese, J.
This court has never yet decided what constitutes a levy on personal property. The practice in England is for the officer to enter upon the premises where the goods are, and leave one of his assistants in charge of them; and this is called “ putting an execution in the house; ” or he makes an inventory of them, and removes them. The practice in the different States of the Union differs somewhat, but all agree that the property must be within the power and control of the officer when the levy is made, and he must take it into his possession in a reasonable time thereafter, unless a delivery…
2Cited by9 opinions
- Havely v. LowryIllinois Supreme Court · 1863
- Crisfield v. NealSupreme Court of Kansas · 1887
- Logsdon v. SpiveyIllinois Supreme Court · 1870
- Richardson v. RardinIllinois Supreme Court · 1878
- Johnson v. WalkerNebraska Supreme Court · 1888
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