Powell v. Hyndman

Decided September 21, 1888

Appellate Court of Illinois · decided 1888-09-21

<p>Replevin—Affidavit—Jurisdiction of County Court—Neu> Trial.</p> <p>Although the affidavit for a writ of replevin places the value of the property at a sum which brings it within the jurisdiction of the County Court, if the evidence shows that the value is such as to place it beyond such jurisdiction, it is error for said court to overrule an objection to its jurisdiction.</p>

Decided 1888-09-21

Wall, P. J.

¶1This was an action of replevin, brought in the County Court of Greene county. The affidavit for the writ fixed the value of the property at §615, but the evidence upon the trial showed clearly that the value was greatly in excess of §1,000.

¶2The verdict was for plaintiff, and upon motion for new trial the point was raised that the court had no jurisdiction by reason of the amount involved.

¶3This was overruled, erroneously, and the judgment will therefore be reversed and tlie cause remanded.

¶4Reversed and remanded.