Stockert v. Mackey, Nisbet & Co.

Appellate Court of Illinois

Stockert v. Mackey, Nisbet & Co.

34 Ill. App. 476, 1889 Ill. App. LEXIS 279

DecidedFebruary 4, 1890

StatusPublished

This text of 34 Ill. App. 476 (Stockert v. Mackey, Nisbet & Co.) 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

Stockert v. Mackey, Nisbet & Co., 34 Ill. App. 476, 1889 Ill. App. LEXIS 279 (Ill. Ct. App. 1890).

Pincite

Opinion

Phillips, J.

The appellees, claiming to own a house which was personal property, claim the same was tortiously removed by appellant, and seek to recover the value of the house under a declaration containing the common counts only. Conceding the facts to be as claimed, the evidence would not be admissible and would not authorize a verdict under the common counts in assumpsit. The facts proven were not admissible under the declaration. The verdict and judgment can not be sustained.

The judgment is reversed and the cause remanded.

Reversed and remanded.

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Phillips, J.

The appellees, claiming to own a house which was personal property, claim the same was tortiously removed by appellant, and seek to recover the value of the house under a declaration containing the common counts only. Conceding the facts to be as claimed, the evidence would not be admissible and would not authorize a verdict under the common counts in assumpsit. The facts proven were not admissible under the declaration. The verdict and judgment can not be sustained.

The judgment is reversed and the cause remanded.

Reversed and remanded.

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Bluebook (online)

34 Ill. App. 476, 1889 Ill. App. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stockert-v-mackey-nisbet-co-illappct-1890.