Smeeth v. Zimmer 182 Ill. App. 374

Jennie H. Smeeth, Appellee, v. Michael Zimmer, Sheriff, Appellant.

Gen. No. 18,208.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Edwabb M. Mangan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911. Certiorari denied by Supreme Court (making opinion final).

Affirmed.

Opinion filed October 14, 1913.

Rehearing denied October 28, 1913.

Statement of the Case.

Action of replevin by Jennie H. Smeeth against Michael Zimmer, Sheriff of Cook county, to recover property levied on by defendant under an execution on a judgment against plaintiff’s husband. From a judgment for plaintiff for a part of the property and for one cent damages, defendant appeals.

*375Abstract of the Decision.

1. Replevin, § 78*—sufficiency of "bond. Fact replevin, bond runs to sheriff instead of coroner who served the writ no ground for dismissal of suit.

2. Replevin, § 43*—when demand before suit unnecessary. Demand for return of the property before commencing suit, unnecessary where officer seized the property under an execution with full notice of plaintiff’s title.

3. Trial, § 198*—when verdict may be directed on uncontroverted evidence. In an action of replevin, an instruction directing a verdict for plaintiff is not improper as talcing away from the jury the question, of credibility of witness, where the evidence in support of plaintiff’s title was not. contradicted by competent evidence.

4. Appeal and Error, § 1572*—when clerical error in entering judgment mil not reverse. Misprision of clerk in failing to write up a judgment in replevin so as to provide for the return of the property to defendant in accordance with the verdict, held not cause for reversal as it can be amended below.

A. W. Martin, Edward H. S. Martin and John Stelk, for appellant.

Winston, Payne, Strawn & Shaw, for appellee; John D. Black and John C. Slade, of counsel.