Dunning v. Fitch

Citations

• 66 Ill. 51

Syllabus

<p>1. Trespass de bonis asportatis—right to maintain action. In order to ■ maintain trespass for taking and carrying away personal property, the plaintiff must be the owner of the property, or in possession, at the time of the alleged trespass. The mere fact that he had a lien upon the property as landlord for rent due, will not enable him to maintain the action; neither will the levy of a distress warrant by him upon the property, where no sale is shown, and it does not appear to have been in his actual possession.</p> <p>2. Tax—who may question legality of. Where the plaintiff sued a tax collector in trespass for levying upon personal property for the taxes of a third person, and the plaintiff set up that a portion of the taxes were illegal : Held, that the legality of the taxes was not a material question in the case, as, if the property belonged to the plaintiff, it mattered not whether the tax was legally or illegally assessed.</p> <p>3. New trial—conflict of evidence. Where the evidence in a cause as to a point in issue, is conflicting and irreconcilable, and the case has been fairly submitted to the jury, this court will regard the verdict as settling the controverted facts. It is the province of the jury to weigh such evidence.</p>