Dietrich v. Rumsey

• Court: Illinois Supreme Court
• Writing for the Court: WALKER
• Citation: Dietrich v. Rumsey, 45 Ill. 209, 1867 WL 5248 (Ill. 1867)
• Decision Date: 30 September 1867
• Parties: SAMUEL DIETRICHv.GEORGE RUMSEY.

45 Ill. 209

1867 WL 5248 (Ill.)

SAMUEL DIETRICH

v.GEORGE RUMSEY.

Supreme Court of Illinois.

September Term, 1867.

APPEAL from the Circuit Court of Stephenson county; the Hon. BENJAMIN R. SHELDON, Judge, presiding.

The opinion states the case.

Messrs. MEACHAM & COCHRAN, for the appellant.

Mr. THOMAS J. TURNER, for the appellee. Mr. JUSTICE WALKER delivered the opinion of the Court:

This was an action of replevin, brought by appellant, before a justice of the peace of Jo Daviess county, against appellee, for the recovery of two hogs. A trial was had, an appeal prosecuted to the Circuit Court, and a change of venue afterward taken to Stephenson county. A trial was subsequently had in that court by a jury, resulting in favor of appellee, and the case is brought to this court by appeal, and a single error is relied upon for a reversal, which is the refusal of the court below to grant a new trial because the verdict was against the evidence.

It appears that appellee interposed as a defense, that the hogs were his, or that the property was in one Hunter. The parties introduced an equal number of witnesses who identify the hogs as those of appellant, and as being the Hunter hogs. Appellant claimed them from a different source, and, if they were the Hunter hogs, then there is no pretense that appellant had any title to them. The witnesses on each side seem to have had at least equal opportunity to know the hogs of which they testified, and to be able to identify them. They all seem to be almost absolutely certain that they knew the hogs in controversy, and were on both sides certain that they belonged to the respective parties....