Tripp v. Grouner

Citations

• 60 Ill. 474

Syllabus

<p>1. Distress for rent — irregularities—case—trover. Where rent was in arrear, and properly was distrained for its payment, and after having the amount of rent due ascertained before a justice of the peace, the constable making the distress sold the property without first having it appraised, as required b}' the statute, and after a tender of rent and costs, whereupon the tenant brought an action with two counts in case for not returning the property, and one in trover: Held, that trover will lie in such a case; that the statute requires the property to be appraised before it can be sold, and the requirement must be observed.</p> <p>2. Damages — measure of. In such a case, after the sale, when the proceeds of the sale are applied to the payment of the rent due, it is error for the court to instruct that the value of the property, when converted, is the measure of damages, as the amount applied to the payment of the rent should go in mitigation, as it was applied to the payment of plaintiff’s debt.</p> <p>3. Damages — vindictive. Where an officer only omits a duty unintentionally, as was done in this case, and has not acted wilfully or oppressively, punitive damages should not be allowed. If the tender was made, it was not urged.on the trial before the justice, and the person'entitled to receive the rent having signified a willingness to receive it, after it was claimed to have been made, these are acts tending to show that'the proceeding was not wilful, and as precluding a recovery of vindictive damages.</p> <p>4. Same — excessive. Where the verdict is flagrantly excessive, .the court will reverse the judgment for that reason.</p>