Outhouse v. Allen

Citations

• 72 Ill. 529

Syllabus

<p>1. Officer—when Ms official character must be proved. Where a defendant in a replevin suit sets up the defense that he was a constable, and took the properly under an execution in his hands against the owner of the property, and the direct question is raised as to whether he was a constable or not, he must show that he was a constable de jure; evidence that he was an acting constable is not sufficient.</p> <p>2. Evidence—justification by officer under process. The general rule is, that an officer may justify his seizure of property under an execution if it is regular on its face, and appears to have been issued by a court having competent jurisdiction, without making proof of the judgment on which it was issued.</p>