Stevens v. Brown

Decided January 15, 1871

Illinois Supreme Court · decided 1871-01-15

A. J. Gallagher, Judge, presiding. This was an action on the case, brought by David F. Brown, in the Circuit Court of Champaign county, against Thomas Stevens, Benjamin F. Stevens and Washington Beasley, to recover for an alleged injury from their Texas cattle. The declaration contained four counts, two under the statute and two at common law. Plea, not guilty. A trial was had by the court, by consent of the parties, without a jury.

Cited by 1 later decisions — most recently July 1894

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-01-15

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Mr. Justice Thornton

¶1delivered the opinion of the Court:

¶2This was an action on the case, for an alleged injury to native cattle, by Texas cattle, in possession of appellant.

¶3The judgment was for appellee, in the circuit court.

¶4The validity of the act of February 27th, 1867, prohibiting the importation and possession of Texas and Cherokee cattle, is disputed. This has been decided by this court. Yeazel v. Alexander et al. ante, p. 254.

¶5The evidence sustains the judgment of the court below. Under the numerous rulings of this court, even if we had doubts as to the sufficiency of the proof, we should not disturb the finding.

¶6The judgment must be affirmed.

¶7Judgment affirmed.