Opinion
Term No. 46M5. (Abstract of Decision.)
Opinion filed October 4, 1946 Released for publication November 12, 1946
REPLEVIN, § 90 — when judgment in alternative was not against weight of evidence. In replevin action to recover possession of crankshaft grinder, judgment that plaintiff recover possession upon condition that he pay defendant sum of $125, in accordance with statute, was not against manifest weight of evidence, which showed that plaintiff purchased grinder and received bill of sale while accompanied by defendant, that plaintiff borrowed $125 from defendant at time of purchase and that legal partnership never materialized between parties (Ill. Rev. Stat. 1945, ch. 119, par. 22; Jones Ill. Stats. Ann. 109.522).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of St. Clair county; the Hon. JOSEPH A. TROY, Judge, presiding.
Judgment affirmed. Heard in this court at the May term, 1946.
Frank T. Plattner, for appellant;
Ben M. Creamer, for appellee.
Not to be published in full. Opinion filed October 4, 1946; released for publication November 12, 1946.