Fahnestock v. Gilham

Citations

• 77 Ill. 637

Syllabus

<p>1. Replevin bond—not for officer's protection only. Under our statute, the object of a replevin bond is not merety to indemnify the officer executing the replevin writ, but also to furnish an additional remedy to the defendant in case the plaintiff fails to maintain his suit.</p> <p>2. Estoppel—to deny jurisdiction of court. Where possession of rails in a string of fence is obtained on replevin before a justice of the peace, the plaintiff in that suit insisting that the justice had jurisdiction, even if the justice had not jurisdiction of the subject matter of the suit the obligors in the replevin bond will be estopped from urging such fact in defense in a suit on the same. They will be estopped by their own act and admission.</p> <p>3. ' Pebsonal pbopebty. Rails, as well as a string of fence, may be personal property.</p>