{
  "id": 5414884,
  "name": "Michael Zimmer, Sheriff, for use of Sterling B. Cramer and C. A. Mullen, Defendant in Error, v. John P. Cummings, Trustee, and Joseph T. Delfosse. Joseph T. Delfosse, Plaintiff in Error",
  "name_abbreviation": "Zimmer v. Cummings",
  "decision_date": "1916-11-14",
  "docket_number": "Gen. No. 21,712",
  "first_page": "18",
  "last_page": "20",
  "citations": [
    {
      "type": "official",
      "cite": "202 Ill. App. 18"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 202,
    "char_count": 2854,
    "ocr_confidence": 0.529,
    "sha256": "05026da633c4bfe28e63433bbc6cf9828870675314f73677cd8e3e22941776a2",
    "simhash": "1:d35dc625b92a921d",
    "word_count": 478
  },
  "last_updated": "2023-07-14T20:59:19.228114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Michael Zimmer, Sheriff, for use of Sterling B. Cramer and C. A. Mullen, Defendant in Error, v. John P. Cummings, Trustee, and Joseph T. Delfosse. Joseph T. Delfosse, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McDonald\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice McDonald"
      }
    ],
    "attorneys": [
      "George L. Schein and Walt A. Hansen, for plaintiff in error; George L. Schein and. Leo H. Hoffman, of counsel.",
      "Bryan, McCormick & Wilbur and Defrees, Buckingham & Eaton, for defendant in error; H. H. McCormick and Don Kenneth Jones, of counsel."
    ],
    "corrections": "",
    "head_matter": "Michael Zimmer, Sheriff, for use of Sterling B. Cramer and C. A. Mullen, Defendant in Error, v. John P. Cummings, Trustee, and Joseph T. Delfosse. Joseph T. Delfosse, Plaintiff in Error.\nGen. No. 21,712.\n(Not to he reported in full.)\nError to the Municipal Court of Chicago; the Hon. Sheridan E. Pry, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.\nReversed and remanded.\nOpinion filed November 14, 1916.\nStatement of the Case.\nAction by Michael Zimmer, sheriff of Cook county, for the use of Sterling B. Cramer and C. A. Mullen, plaintiff, against John P. Cummings, trustee, and Joseph T. Delfosse, defendants, in the Municipal Court of Chicago, to recover on a replevin bond on which defendant Joseph T. Delfosse was surety. To reverse a judgment for plaintiff, defendant Joseph. T. Delfosse prosecutes this writ of error.\nThe action in which the bond sued on was given was against Anton J. Cermak, bailiff of the Municipal Court of Chicago, to recover possession of an automobile which said Cermak held by virtue of an execution and levy against defendant John P. Cummings, as the individual property of said Cummings and to satisfy a judgment against him. It was admitted that the replevin action was not determined upon the merits. A document was offered in evidence by defendant Joseph T. Delfosse, and excluded by the court, as follows:\n\u201cChicago, May 14,1913.\n\u201cReceived of Joseph T. Delfosse one Premier automobile, model 45, serial No. 2004, six cylinder, in trust, to be returned on or before ninety days after date.\n(signed) John P. Cummings.\u201d\nTestimony of defendant Delfosse to a similar effect was stricken on plaintiff\u2019s motion.\nGeorge L. Schein and Walt A. Hansen, for plaintiff in error; George L. Schein and. Leo H. Hoffman, of counsel.\nBryan, McCormick & Wilbur and Defrees, Buckingham & Eaton, for defendant in error; H. H. McCormick and Don Kenneth Jones, of counsel.\nAbstract of the Decision.\nReplevin, \u00a7 204 \u2014when surety on bond may show right of possession in plaintiff in replevin. In an action against a surety on a replevin bond, where the merits of the replevin action have not been determined in the action in which the bond was given, it is error to exclude evidence that the plaintiff in the replevin action held title to the property replevied, an automobile, as trustee for defendant, since the right to prove such fact in such case is expressly given to defendant by the Replevin Act, sec. 26 (J. & A. If 9211), and it is therefore essential that defendant be allowed to prove, by competent evidence, that plaintiff in the replevin action was entitled to the possession of the replevied property as trustee or bailee for defendant.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0018-01",
  "first_page_order": 44,
  "last_page_order": 46
}