Yott v. People ex rel. Goldschmidt

Citations

• 91 Ill. 11

Syllabus

<p>1. Replevin—pouter of court to compel defendant to surrender property. The court from which a writ of replevin issues has no power, in case the officer fails to find the property therein described, to compel the defendant to surrender the property.</p> <p>2. If the property is taken by the officer on the writ, and the defendan t afterwards interferes with its possession or control or forcibly takes the same from the officer or the plaintiff, the court may doubtless enter a rule requiring the restoration of the property, and enforce obedience to such rule by fine and imprisonment, as the property in such case is in the custody of the law.</p> <p>3. Same—defendant obstructing officer. If a defendant in replevin should impede or obstruct in any manner the process of the court, issued to secure property, or prevent the officer from executing the same, this might afford ground for the imposition of a fine upon him.</p> <p>4. Officer—duly in respect to writ of replevin. It is the imperative duty of an officer holding a writ of replevin to execute the same by seizing the property therein named, whenever he can find the same, whether the defendant is disposed to give it up or not.</p>