3 Ill. 528
Decided December 15, 1840
Illinois Supreme Court · decided 1840-12-15
The plaintiff in error instituted an action of replevin against the defendant in error, in the Hancock Circuit Court. The cause came on for trial at the September term, 1839, before the Hon. Peter Lott. The defendant pleaded non cepit, and that the propertyreplevied was in him. The cause was submitted to a jury, who found the issues for the defendant, and assessed his damages at $40. Judgment was rendered upon this verdict.
Decided 1840-12-15
¶1This is the second time this application has been made to the Court. At the last term of the Court we refused the motion for a supersedeas, as will appear by the records. It is not to be supposed that counsel intend to trifle with the Court; but we would suggest whether it is not their duty to know the situation of their causes, so that the time of the Court may not be taken up by business which has been once disposed of. The motion is denied.
¶2Motion denied.