Blair v. Ray

Citations

• 103 Ill. 615
• 1882 Ill. LEXIS 219

Syllabus

<p>1. Bill of exceptions—when necessary—presumption in support of judgment. If a plaintiff wishes to assign for error the dismissal of his suit on motion, he should present the ground on which the court acted in a bill of exceptions, so that the error, if any, may clearly appear from the record. Where no reasons are assigned for a motion to dismiss a suit, nor any given which led the court to its action, it will be presumed that the dismissal was , correct.</p> <p>2. Practice—dissolution of injunction as to suit at law-—of the proper entry to be made. Where an entry is made showing that the proceedings in an action at law have been enjoined in equity, and the suit at law continued for that reason, it is proper, before proceeding with the cause, that an entry should be made of record showing the dissolution of the injunction.</p> <p>3. Dismissal of suit at law—after dissolution of imjunction—sufficiency of grounds for dismissal. An order dismissing an action of replevin and ordering a return of the property, reciting that it appearing to the court that an injunction restraining the further prosecution of the suit has been dissolved, is not sufficient to show the reason for the dismissal. It shows only that the court was authorized to proceed in the cause. The dissolution of the injunction does not of itself furnish ground for a dismissal of the suit enjoined.</p> <p>4. Replevin—whether property was replevied—presumption—admission. Although the sheriff’s return to a writ of replevin fails to show a taking of the property under the writ, and its delivery to the plaintiff, it will be presumed in favor of a judgment for a return of the property, in the absence of any contrary showing in the record, that there was evidence justifying the action of the court. And an assignment of error questioning the propriety of the action of the court below in ordering a return of the property replevied, seems to be an implied admission that the property had been in fact replevied.</p>