Poppen v. Holmes
| Decision Date | 30 April 1867 |
| Citation | 44 Ill. 360,92 Am.Dec. 186,1867 WL 5168 |
| Parties | ALFRED POPPENv.ISRAEL B. HOLMES. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Stephenson county; the Hon. BENJAMIN R. SHELDON, Judge, presiding.
This was an action of replevin brought in the court below, by Israel B. Holmes against Alfred Poppen, to recover a horse claimed by the plaintiff as his property. The defendant claimed title by virtue of a sale of the horse by the pound-master of the town of Ridott, in Stephenson county, the horse having been impounded under certain by-laws of the town prohibiting the running at large of horses and some other animals during certain seasons of the year.
The sale was made by the pound-master without any judicial proceeding being had to ascertain whether any law had been violated, and under authority alleged to have been conferred upon him by the by-laws of the town.
Those by-laws, after prohibiting the running at large of certain animals, and fixing the penalty for a violation thereof, and providing for impounding such animals as might be found at large, provide as follows:
“SEC. 6. On receiving any animal or animals into the pound, as above directed, the pound-master of the town shall give immediate notice thereof to the owner or bailee of said animals, if known, and request said owner or bailee to pay the costs and charges of distraining, impounding and taking care of said animal or animals, and all lawful fees of the pound-master, and take them away; and, in case the owner or bailee of said animal or animals so impounded, within six hours after such notice is given to him, her or them, fails or neglects to take away said animal or animals, and also to pay all costs and charges of taking up, impounding and taking care of said animal or animals in the pound, together with the lawful fees of the pound-master in respect to said animals, then such animal or animals shall be sold by the pound-master, as provided in the next succeeding section of these by-laws.
SEC. 7. Whenever the pound-master of this town shall receive into the pound any animal or animals according to the preceding section of these by-laws, and shall have given the notice required in the next preceding section, and the owner or bailee of such animal or animals fails to pay the charges and costs in the next preceding section mentioned, and take such animal or animals away within the time required in said section, then it shall be the duty of the...
To continue reading
Request your trial
-
Daniels v. Homer
...in common sense and common honesty than the sentence of the tribunal which first punishes and then hears the party." In Poppen v. Holmes, 44 Ill. 360, 92 Am. Dec. 186, the plaintiff's horse had been seized while running large in the town in violation of the ordinance authorizing a sale by t......
-
Thompson v. Tobacco Root Co-op. State Grazing Dist.
...or penalty incurred without prior judicial determination thereof. Greer v. Downey, 8 Ariz. 164, 71 P. 900, 61 A.R.A. 408; Poppen v. Holmes, 44 Ill. 360, 92 Am.Dec. 186; Varden v. Mount, 78 Ky. 86, 39 Am.Rep. 208; Donovan v. Mayor of Vicksburg, 29 Miss. 247, 64 Am.Dec. 143; Rockwell v. Neari......
-
The State v. Hathaway
...Section 8 of the act confers on the board judicial power. Hall v. Marks, 34 Ill. 362; People v. Dental Examiners, 110 Ill. 180; Poppen v. Holmes, 44 Ill. 360; Parte Garland, 4 Wall. 333; State ex rel. v. Gregory, 83 Mo. 123; State ex rel. v. State Board, 103 Mo. 22. (4) If it should be atte......
-
Newman v. People
... ... Snow, 3 R.I. 64; Greene v ... James, 2 Curt. 187, Fed. Cas. No. 5,766; Wynehamer v. People, ... 13 N.Y. 378; Phelps v. Racey, 60 N.Y. 10; Poppen v. Holmes, ... 44 Ill. 360; Burdett v. Allen, 35 W.Va. 347, 13 S.E. 1012; ... Windsor v. McVeigh, 93 U.S. 274; Peck v. Anderson, 57 Cal ... [47 ... ...