Kellogg v. Holly

Decided November 15, 1862

Illinois Supreme Court · decided 1862-11-15

The defendant in error brought a suit against the plaintiff in error before a justice of the peace of Washington county, in which suit she recovered judgment against Kellogg, for six dollars and twenty-five cents, and costs of suit. Kellogg appealed to the Circuit Court of Washington county, and at the September term, 1861, of that court, the judgment of the justice was affirmed by the court who tried the case, without the intervention of a jury, by agreement of parties.

Good law ✅— No negative treatment on recordhow we know

Decided 1862-11-15

How this case has been cited

Cited by 4 later decisions — most recently October 1905

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Caton, C. J.

¶1We can see no possible reason for reversing this judgment. The wool was assigned to the widow as a part of her portion, which vested in her the complete title to it. And it seems difficult to say, why she should not recover its value from the defendant, who has wrongfully converted it. If he had a lien upon the wool for the carding, he should have specified it, so that the plaintiff could, have paid the amount. But he placed its detention upon no such ground. It is evident that he designed to deprive the plaintiff of her wool, for the value of which, the court'very properly rendered a judgment in favor of the plaintiff.

¶2The judgment is affirmed. Judgment affirmed.