Yott v. People Ex Rel. Adolph Goldschmidt.
| Decision Date | 30 September 1878 |
| Citation | 1878 WL 10218,91 Ill. 11 |
| Parties | FRANCIS YOTTv.THE PEOPLE ex rel. Adolph Goldschmidt. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Cook county; the Hon. JOHN G. ROGERS, Judge, presiding.
Mr. CHESTER KINNEY, and Mr. EDWARD H. BRACKETT, for the appellant.
Mr. ADOLPH MOSES, for the appellee.
This is an appeal from an order or judgment, rendered in the circuit court of Cook county, wherein appellant, Francis Yott, was fined in the sum of $25, and ordered to be imprisoned in the common jail of Cook county for and during the period of twenty days, for contempt of court, for a failure to obey a certain order made by the court in an action of replevin, wherein Adolph Goldschmidt was plaintiff and Francis Yott defendant.
The writ of replevin was issued on the 2d day of May, 1878, returnable on the 3d Monday of May of the same year, for the recovery of a certain dapple-gray horse. The sheriff made return on the writ in the following words: “Served this writ by reading the same to the within named Francis Yott, and by demanding of him the within described property, which he refused to deliver up to me, on this 2d day of May, 1878.”
On the 6th day of May, 1878, the court entered an order in the case, as follows: “On motion of said plaintiff, by his attorney, the said defendant is hereby ruled to deliver to the sheriff of Cook county the property described in the replevin writ issued in said cause, by 10 o'clock in the forenoon of the second day after the date of service of notice of this rule on him.”
A copy of the order having been served, the defendant appeared and filed an answer under oath, which, not having been regarded as sufficient, the court rendered the judgment, to reverse which this appeal was taken. Section 7 of chapter 119, entitled Replevin, (Rev. Stat. 1874, p. 852,) provides that the writ of replevin shall require the sheriff, constable, or other officer to whom it is directed, to take the property (describing it as in the affidavit) from the possession of the defendant, and deliver the same to the plaintiff, and to summon the defendant to answer the plaintiff in the action, or, in case the property or any part thereof is not found and delivered to the sheriff, constable or other officer, to answer the plaintiff for the value of the same.
Section 14 declares, that the sheriff, upon the plaintiff giving bond, shall forthwith execute such writ by seizing and delivering the property to the plaintiff, and by reading the writ to the defendant if he be found.
Section 18 provides, when the property or any part thereof can not be found, and when the writ has been served on the defendant, the plaintiff may declare in trover.
We find no provision of the statute which authorizes the court from which the writ issues, in case the officer fails to find the property described in the writ, to compel, by order, a defendant to surrender the...
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Jenkins v. State
...216, 11 Sup. Ct. 523, 35 L. Ed. 151;Bank v. Elliott, 60 Kan. 172, 55 Pac. 880;Gott v. Powell, 41 Mo. 416;Jones v. Hart, 60 Mo. 362;Yott v. People, 91 Ill. 11; Tenant v. Saxton, 17 N. J. Law, 313; 18 Enc. Pl. & Prac. 882. The order directing Jenkins to make restitution was a lawful order, an......
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Jenkins v. State
...L.Ed. 151, 11 S.Ct. 523; First Nat. Bank v. Elliott, 60 Kan. 172, 55 P. 880; Gott v. Powell, 41 Mo. 416; Jones v. Hart, 60 Mo. 362; Yott v. People, 91 Ill. 11; Keen v. 17 N.J.L. 313; 18 Ency. Pl. & Pr. 882. The order directing Jenkins to make restitution was a lawful order, and it was his d......
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Universal Credit Co. v. Antonsen
... ... Williams, 92 Ill. 187, and Yott v. People ex rel. Goldschmidt 91 Ill. 11. Even if this were ... ...
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Universal Credit Co. v. Antonsen
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