Kreuchi v. Dehler

Citations

• 50 Ill. 176

Syllabus

<p>1. Former adjudication—trial of the right of property. Where a trial of the right of property was had, before a justice, which resulted in a judgment against the claimant, such trial and judgment would be a bar to an action of trover subsequently brought by the claimant against the officer, for the same property.</p> <p>2. Waiver—of trial by jury. The statutory provision requiring a jury, on a trial of the right of property, of not less than six nor more than twelve persons, is not to be considered as prohibiting the parties themselves from agreeing upon a less number than six ; nor is it to be construed, to prevent their excusing a juror by consent, after the trial had commenced, or waiving a jury altogether.</p> <p>3. Where parties, by agreement in such a proceeding, waive a jury, and permit the justice to try the cause, it cannot be objected that such waiver is an attempt to confer jurisdiction upon the justice by consent, for the jurisdiction attaches when the officer making the levy informs him that the property has been claimed, and that he has notified the parties of the time and place fixed for the trial, and the justice before whom it is to be had.</p>