David v. Bradley

Citations

• 79 Ill. 316

Syllabus

<p>1. Bill of exceptions—by whom to be signed. A bill of exceptions, signed by one judge, which contains proceedings that took place wholly before another judge, without consent, and against objections made at the time, is irregular and unauthorized, and this court can not notice it.</p> <p>2. Measure of damages—in action on replevin bond. In an action on a replevin bond, on behalf of a special owner, against the general owner, the measure of damages is, not the whole value of the property, but only the value of the interest of the special owner in the propert}'.</p> <p>3. Where a tenant replevies property which has been taken by liis landlord, as a distress for rent due, and fails to prosecute his replevin suit, and return of the property is awarded, the measure of damages, in a suit on the replevin bond, is, not the value of the propertj', but the amount of rent due.</p> <p>4. Evidence—what competent, on behalf of a defendant who has been defaulted. In a suit on a replevin bond given by a tenant who replevied property distrained for rent by his landlord, the defendant was defaulted, and, on the assessment of damages, the plaintiff testified that there were two months’ rent due, at §250 per month. The tenant offered to testify that, after the making of the lease, the landlord failed to give him possession of the entire building, and the rent was reduced to §208.33 per month: Reid, that this was not matter respecting the merits of the replevin suit, but only the question of damages sustained by the non-return of the property distrained and replevied, and the evidence should have been admitted.</p>