Sheldon v. Reihle

• Decision Date: 31 December 1838
• Parties: DAVID SHELDON, plaintiff in error,v.WILLIAM REIHLE and JOSEPH BAINS, defendants in error.
• Court: Illinois Supreme Court

1 Scam. 519

2 Ill. 519

1838 WL 2577 (Ill.)

DAVID SHELDON, plaintiff in error,

v.WILLIAM REIHLE and JOSEPH BAINS, defendants in error.

Supreme Court of Illinois.

December Term, 1838.

ON the 27th of September, 1832, Reihle and Bains sued out of the Morgan Circuit Court, a writ of attachment against the estate of one Samuel P. Judson, which was levied by the sheriff of Morgan county, upon certain personal property which was claimed by David Sheldon. The sheriff thereupon summoned a jury to try the right of property, and a verdict was rendered for the claimant. Reihle and Bains appealed to the Circuit Court of Morgan county, and delivered to the sheriff a bond executed as follows:

+------------------------+
                ¦“WILLIAM REIHLE, ¦      ¦
                +-----------------+------¦
                ¦JOSEPH BAINS,    ¦[L.S.]¦
                +------------------------+
                

By their attorney in fact,

+---------------------------+
                ¦STEPHEN B. SEXTON, ¦       ¦
                +-------------------+-------¦
                ¦THOMAS POYNE,      ¦[L.S.] ¦
                +-------------------+-------¦
                ¦JOSEPH CODDINGTON, ¦[L.S.]”¦
                +---------------------------+
                 

The bond was duly returned by the sheriff with the writ of attachment, and filed in Court.

A change of venue was had to the Madison Circuit Court; and at the October term, 1833, the Hon. Theo. W. Smith presiding, Sheldon moved to dismiss the appeal for the following reasons:

“1. No appeal bond has been executed and given by Reihle and Bains, the appellants in this case, as required by law.

2. No appeal bond has been given in this case by any person properly and legally authorized by the appellants.

3. The appeal bond given in this case is not executed by the proper parties, and is not such as the law requires.”

The Court overruled this motion, and an exception was taken to the decision.

On the trial in the Circuit Court, the defendants in error, Reihle and Bains, offered to read in evidence the writ of attachment and return thereon, showing a levy upon the property claimed by the plaintiff in error, which was objected to by Sheldon, but admitted by the Court. An exception to this decision was noted, and a bill of exceptions taken.

The jury found the title of the property to be in the defendant, Judson. Judgment was rendered for the plaintiffs in the Court below, Reihle and Bains, upon this verdict.

JESSE B. THOMAS and DAVID PRICKETT, for the plaintiff in error.

WM. THOMAS, for the defendants in error.

WILSON, Chief Justice, delivered the opinion of the Court:

Several errors are assigned for the...