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Smith v. Bloom

Appellate Court of Illinois, First District
Feb 13, 1946
328 Ill. App. 310 (Ill. App. Ct. 1946)

Opinion

Gen. No. 43,386. (Abstract of Decision.)

Opinion filed February 13, 1946 Rehearing denied March 20, 1946 Released for publication March 20, 1946

REPLEVIN, § 95when judgment in replevin action was binding. Where plaintiff charged that defendant vendor, by writ of replevin, unlawfully took possession of certain chattels without making plaintiff party defendant in action, and thereby converted chattels to his own use, and it appeared that although plaintiff knew that chattels were taken from his premises on replevin writ, he did not appear in such case or assert any right of ownership or possession in chattels, and did not attempt to set aside judgment, held that such judgment was binding on plaintiff.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. FRANCIS B. ALLEGRETTI, Judge, presiding.

Judgment reversed and cause remanded with directions. Heard in the third division, first district, this court at the June term, 1945.

Luster Luster, for appellant;

Ode L. Rankin and Julian J. Luster, of counsel;

John H. Lyle and P.F. Murray, for appellee;

Ernest H. Gager, of counsel.


Not to be published in full. Opinion filed February 13, 1946; rehearing denied March 20, 1946; released for publication March 20, 1946.


Summaries of

Smith v. Bloom

Appellate Court of Illinois, First District
Feb 13, 1946
328 Ill. App. 310 (Ill. App. Ct. 1946)
Case details for

Smith v. Bloom

Case Details

Full title:George W. Smith, Trading as Perfect Peerless Calendar Company, Appellee…

Court:Appellate Court of Illinois, First District

Date published: Feb 13, 1946

Citations

328 Ill. App. 310 (Ill. App. Ct. 1946)
65 N.E.2d 483