McArthur v. Howett

Citations

• 72 Ill. 358

Syllabus

<p>1. Replevin—when suit should not he dismissed on appeal from justice. Where a defendant in a replevin suit appeared at the trial thereof before the justice of the peace, and after being found guilty appealed to the county court, it was his duty, as appellant, to file the papers, and he could not properly move the court to dismiss plaintiff's suit, because of the omission of the replevin bond from the papers filed with the transcript.</p> <p>2. Same—evidence on assessment of damages on dismissal of suit. When a replevin suit is dismissed, and the court proceeds to assess the defendant’s damages for the detention of the property, it is competent for the plaintiff to prove that the defendant is the mere pledgee of the property to secure a debt from the plaintiff, as in such case the defendant would not be entitled to recover anything for the value of the use of the property.</p>