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, § 95 — when 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Not to be published in full.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.