Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois, Volume 69 |
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Results 1-5 of 83
Page 32
... recover in trover to the extent of the full value of the property so converted . But where the conversion is by an ... recovered and restored to the pledgee , it was held , on the trial , under a count in trover Statement of the case ...
... recover in trover to the extent of the full value of the property so converted . But where the conversion is by an ... recovered and restored to the pledgee , it was held , on the trial , under a count in trover Statement of the case ...
Page 33
... recover the full amount due him on the first loan , and that in the absence of proof showing that he had appropriated the 20 barrels to his own use , the value of the same , in excess of the sum due him on the second loan , could not be ...
... recover the full amount due him on the first loan , and that in the absence of proof showing that he had appropriated the 20 barrels to his own use , the value of the same , in excess of the sum due him on the second loan , could not be ...
Page 34
... recover to the extent of the full value of the property converted ; but we do not consider appellee as standing in that light . His conversion was made in executing certain writs of attachment against Kiernan , the party by whom the ...
... recover to the extent of the full value of the property converted ; but we do not consider appellee as standing in that light . His conversion was made in executing certain writs of attachment against Kiernan , the party by whom the ...
Page 36
... recover , unless the amount has been paid or the lien released by appellants . It is not claimed that this amount has been actually paid to appellants , but only that the recovery of the 20 barrels of whisky on the writ of replevin ...
... recover , unless the amount has been paid or the lien released by appellants . It is not claimed that this amount has been actually paid to appellants , but only that the recovery of the 20 barrels of whisky on the writ of replevin ...
Page 37
... recover from the defendant unless it was shown that that property was insufficient for its pay- ment . The court held that it was not incumbent on the plaintiff to make this proof ; that the defendant might , in reduction of the ...
... recover from the defendant unless it was shown that that property was insufficient for its pay- ment . The court held that it was not incumbent on the plaintiff to make this proof ; that the defendant might , in reduction of the ...
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Common terms and phrases
action affidavit agent agreement alleged amount appear appellant appellee assigned assumpsit attorney authority bill bond cause remanded chancery charge Chicago circuit court claim Clapp common law complainant contract conveyance Cook county county court Court of Cook court of equity creditor damages debt declaration decree deed defendant delivered the opinion evidence execution fact feme covert filed fraud guilty heirs held Henry Clapp homestead husband injury instruction interest issue Judge Judgment affirmed jurisdiction jury LAMBERT TREE land liable lien ment Messrs mortgage negligence officer owner paid party payment person plaintiff in error plea possession premises presiding proceeding promissory note proof purchaser question railroad real estate reason record recover refused rendered replevin reversed rule sell sold statute sufficient suit Syllabus term testified testimony tion trespass trial trust verdict wife Winnebago county witness WRIT OF ERROR
Popular passages
Page 191 - ... upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 101 - Questions of power do not depend on the degree to which it may be exercised. If it may be exercised at all, it must be exercised at the will of those in whose hands it is placed.
Page 485 - Witnesseth that the said party of the first part for and in consideration of the sum of Three Thousand Dollars, lawful money of the United States of America to him in hand paid by the said party of the second part...
Page 102 - As to the fifth sort of bailment, viz. a delivery to carry or otherwise manage, for a reward to be paid to the bailee, those cases are of two sorts ; either a delivery to one that exercises a public employment, or a delivery to a private person. First, if it be to a person of the first sort, and he is to have a reward, he is bound to answer for the goods at all events.
Page 217 - According to that view, the separate property of a married woman being a creature of equity, it follows, that, if she has a power to deal with it, she has the other power incident to property in general ; namely, the power of contracting debts to be paid out of it ; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself to give effect to them, not as personal liabilities, but by laying hold of the separate property as the...
Page 454 - Their rights in such cases do not depend upon the actual title or authority of the party with whom they deal directly, but are derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power which, through negligence or mistaken confidence he caused or allowed to appear to be vested in the party making the conveyance.
Page 366 - PROVIDED ALWAYS, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors and assigns, shall well and truly pay or cause to be paid nnto the said party of the second part, his executors, administrators or assigns...
Page 212 - eviction ' is now popularly applied to every class of expulsion or amotion. Getting rid thus of the old notion of eviction, I think it may now be taken to mean this — not a mere trespass and nothing more, but something of a grave and permanent character done by the landlord with the intention of depriving the tenant of the enjoyment of the demised premises.
Page 689 - The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment.
Page 87 - The General Assembly shall not pass local or special laws, in any of the following enumerated cases...