Broadwell v. Paradice

Citations

• 81 Ill. 474

Syllabus

<p>1. Replevin—assessment of damages on dismissal of suit. Where property levied on by an officer under an execution is taken from him on a writ of replevin at the suit of a stranger, and afterwards the replevin suit is dismissed, and a return of tlxe property awarded, the court should assess the officer’s damages for the detention of the property at whatever the use of tiie properly was worth for the time it was detained.</p> <p>2. Same—how the fund is held by the officer. In such case, the officer would hold the entire proceeds of the property, including the amount of damages so assessed, to be applied, first, to the payment of the execution, and the residue to be paid over to the execution debtor.</p> <p>3. Irregularity in execution—who may question it. Where property was seized by an officer upon execution, and was afterward taken from the officer under a writ of replevin at the suit of a stranger, on a proceeding to assess the damages for the detention of the property, the replevin suit having been dismissed by the plaintiff therein, the latter objected that the execution under which the officer held the property had no seal, but it was held it was not for him to question the regularity of the execution, in that suit.</p>