Bowles v. Delaney

Citations

• 54 Ill. 290

Syllabus

<p>1. Evidence—of the identity of property. In an action of trover to recover a barge and two coal boats claimed to have been the property of the plaintiff, and converted by the defendant, the defendant offered in evidence the docket of a justice of the peace to prove a judgment in attachment against a pine barge, in a suit wherein this plaintiff was defendant, ordering its sale: Meld, there being no evidence in the record that the boat against which the judgment was rendered was either of those in controversy, and no proof that the boat was ever sold under the judgment, and the defendant not offering to make any, the judgment was properly rejected by the court as improper to go to the jury.</p> <p>2. And the transcript of a suit in the United States court for the condemnation and forfeiture of two coal barges, together with the judgment of condemnation, execution, and return of the United’ States Marshal that he had sold the same, were also properly rejected, the record failing to show, and the defendant not offering to prove, that the boats thus condemned and sold were those in controversy.</p>