Seabury v. Ross

Decided September 15, 1873

Illinois Supreme Court · decided 1873-09-15

Sabin D. Poterbaugh, Judge, presiding. This was an action of replevin, brought by Charles Seaburv, against Amos M. Ross and D. D. Ross, before a justice of the peace, for a mare, and taken by appeal to the circuit court. A trial was had, resulting in a verdict for the defendants, and finding that Amos M. Ross was the owner of the property, and assessing the damages at $117. The defendants remitted $67, and judgment was rendered in favor of the defendants for $50 damages.

Cited by 1 later decisions — most recently February 1925

1 state decisions

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Decided 1873-09-15

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Mr. Justice Soholfield

¶1delivered the opinion of the Court:

¶2This judgment must be reversed, for the reason that there is no evidence in the record authorizing the damages assessed by the jury. The effect of the mere finding against appellant is, to authorize nominal damages only. If damages were sustained beyond that amount, it was incumbent on the appellees to prove them. The jury, in the absence of evidence, had no right to assume that appellees had sustained other than nominal damages.

¶3We perceive no other error in the record.

¶4Judgment reversed.