Alden v. Yeoman

Appellate Court of Illinois

Alden v. Yeoman

29 Ill. App. 53, 1887 Ill. App. LEXIS 398

CourtAppellate Court of Illinois

DecidedMay 25, 1888

StatusPublished

Cited by2 cases

This text of 29 Ill. App. 53 (Alden v. Yeoman) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alden v. Yeoman, 29 Ill. App. 53, 1887 Ill. App. LEXIS 398 (Ill. Ct. App. 1888).

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Opinion

Wall, J.

¡Replevin for chattels levied upon by the appellant, a constable, by virtue of three writs of execution against the appellee. The executions were read to the defendant therein on the 16th of July, 1887. He says the officer told him he need not make his schedule at that time. This is denied by the officer. It is immaterial. The case is governed by the act of 1887, which was then in force, and which required the defendant to make his schedule “ within ten days after notice of the execution.” On the 15th of August the officer again went to the defendant and made the levy, whereupon the defendant made and tendered his schedule, which, being disregarded, the present action was brought, in which there was judgment for the plaintiff. The law was not complied with in regard to the schedule, and the plaintiff had no cause of action. The schedule came too late.

The judgment will be reversed and the cause remanded.

Reversed and remanded.

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Wall, J.

¡Replevin for chattels levied upon by the appellant, a constable, by virtue of three writs of execution against the appellee. The executions were read to the defendant therein on the 16th of July, 1887. He says the officer told him he need not make his schedule at that time. This is denied by the officer. It is immaterial. The case is governed by the act of 1887, which was then in force, and which required the defendant to make his schedule “ within ten days after notice of the execution.” On the 15th of August the officer again went to the defendant and made the levy, whereupon the defendant made and tendered his schedule, which, being disregarded, the present action was brought, in which there was judgment for the plaintiff. The law was not complied with in regard to the schedule, and the plaintiff had no cause of action. The schedule came too late.

The judgment will be reversed and the cause remanded.

Reversed and remanded.

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29 Ill. App. 53, 1887 Ill. App. LEXIS 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alden-v-yeoman-illappct-1888.

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