Wells v. Miller
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action of trover, brought by Mercie H. Miller, administratrix of Joseph C. Miller, deceased, against Isaac Wells and John Sears, impleaded with John S. Moble, for the tortious taking of a certain quantity of lumber.
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Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action of trover, brought by Mercie H. Miller, administratrix of Joseph C. Miller, deceased, against Isaac Wells and John Sears, impleaded with John S. Moble, for the tortious taking of a certain quantity of lumber. This case was before the court at a former term, and is reported in 37 Ill. 276, where the facts of the case may be found fully stated in the opinion then delivered.
1Opinion of the CourtJustice Lawrence
This case was before us at a former term, and is reported in 37 Ill. 276. The leading facts are stated in the opinion then delivered, and it is unnecessary to recapitulate them here. At the trial had after the case was remanded, Frank Miller did not produce the bill of sale, which he claimed in his former affidavit to have found after the termination of the former trial; and being asked why he did not produce it, said he had voluntarily destroyed it a few days before, after having been served with a subpoena duces tecum. His general reputation for veracity was also impeached, and the jury…
2Cases cited2 opinions
- Johnson v. JonesIllinois Supreme Court · 1867
- Wells v. MillerIllinois Supreme Court · 1865
3Cited by2 opinions
- Globe Accident Insurance v. GerischIllinois Supreme Court · 1896
- Horn v. BergAppellate Court of Illinois · 1918