Knott v. People

Citations

• 83 Ill. 532

Syllabus

<p>1. Replevin—power of court to order restoration of property taken from, plaintiff before trial. Where property is replevied before a- justice of the peace, and an appeal taken to the circuit court, if the defendant in replevin and another take the same from the plaintiff and place it beyond his reach, the circuit court will have the rightful power to enter a rule upon them to restore it to the plaintiff, and punish them by fine and imprisonment for disobedience.* </p> <p>2. Practice—affidavits too late after rule. After a party has been ruled to restore properly taken by him from a party replevying the same, and has refused to obey the order, and has entered into a recognizance to appear and answer for contempt, it will be too late to present affidavits in respect to the propriety of the rule.</p>