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2 Ill. 519

Sheldon v. Reihle

Illinois Supreme Court

Decided December 15, 1838

Illinois Supreme Court · decided 1838-12-15

On the 27th of September, 1832, Reihle and Bains sued out of the Morgan Circuit Court, a writ of attachment against the estate of one Samuel P. Judson, which was levied by the sheriff of Morgan county, upon certain personal property which was claimed by David Sheldon. The sheriff thereupon summoned a jury to try the right of property, and a verdict was rendered for the claimant.

Cited by 1 later decisions — most recently October 1913

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1838-12-15

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Wilson, Chief Justice,

¶1delivered the opinion of the Court:

¶2Several errors are assigned for the reversal of this judgment, —none of which are considered sufficient. The motion to dismiss the appeal from the verdict of the sheriff’s jury for the trial of the right of property, was addressed to the discretion of the Court, and the decision upon that motion, therefore, cannot be assigned for error. The appeal bond executed by an attorney in fact, is sufficient; and as nothing to the contrary appears, we must presume that the Court below was satisfied that the,attorney was properly constituted such.

¶3The attachment was properly received as evidence, for the purpose of showing the plaintiff’s right to take the property, and, for that purpose, was the only evidence that could be adduced.

¶4The finding of the jury was sufficiently formal and explicit; their deciding the goods to belong to Judson, the debtor in the attachment, negatives the title to them set up by the claimant.

¶5The judgment is affirmed with costs.

¶6Judgment affirmed.

¶7Note. See Campbell et al. v. The State Bank of Illinois, Ante 423; Pearce et al. v. Swan, Ante 266, and note; Arenz v. Reihle et al., Ante 340.

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