Horr v. People ex rel. Stadelman

Citations

• 95 Ill. 169
• 1880 Ill. LEXIS 162

Syllabus

<p>1. Contempt—in constable for refusing to deliver property levied upon to sheriff on replevin. Where a constable has levied upon property under an execution in his hands, and a party other than the defendant in execution sues out a writ of replevin for the property against the constable, the court issuing the writ of replevin has no right to require the constable to deliver the property to the sheriff, and the constable is not liable to punishment for a contempt of court in refusing to surrender the property on demand to the officer having the writ of replevin. The defendant in replevin is not bound to assist the officer in the execution of his process.* </p> <p>2. Officer—released from selling property levied on when taken from him on replevin. The taking of property from a constable which he has seized on execution, by a writ of replevin, is a full protection to Mm for failing to sell the same, but he is not bound to part with the property by any affirmative action of his own.</p>