Wells v. Miller

Citations

• 45 Ill. 382

Syllabus

<p>1. ATew trial nr trover—where one of several defendants is acquitted and the others found guilty. Where one of several defendants in trover was acquitted and the others found guilty, an appeal by the latter and reversal of the judgment, as to them, will not affect the judgment of acquittal in favor of the former.</p> <p>2. Former decision. What was said in the case of Cochrane v. Ammon, 16 Ill. 316, indicating a different rule was mere obiter.</p> <p>3. Witness — competency. Upon the new trial resulting from the reversal in favor of those taking such appeal, the party who was acquitted upon the first trial is a competent witness in behalf of his former co-defendants.</p> <p>4. Administrator—concerning the title of, to the property of a decedent, coming into his domicile —from a foreign jurisdiction. Where, in an action of trover, brought by the administratrix of one Miller, deceased, against Wells & Sears, for the tortious taking of a certain quantity of lumber, the proof showed, that the decedent, as also the defendants, were residents of this State, and that decedent was in charge of the property in question, transporting it from this to the State of Tennessee, and that while in transitu, and on the Missouri shore, the decedent died, leaving no assets or creditors residing elsewhere than in this State, and that no administration had ever been taken out in either of the States of Missouri or Tennessee, to which latter State the property was taken by. Wells & Sears and sold, — held, that if the property of the decedent, after his death in Missouri, was at any time while in transitu within the limits of the State of Illinois, it became assets in this State, and the title of the administratrix here attached by relation the moment her letters were issued.</p> <p>5. Same. The property of a decedent coming from a foreign jurisdiction into that of the domicile, immediately vests in the administrator there, if administration has not been taken out in such foreign jurisd