{
  "id": 4944775,
  "name": "Louis Oswald v. David Hutchinson",
  "name_abbreviation": "Oswald v. Hutchinson",
  "decision_date": "1887-11-18",
  "docket_number": "",
  "first_page": "273",
  "last_page": "274",
  "citations": [
    {
      "type": "official",
      "cite": "26 Ill. App. 273"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "35 Ill. 417",
      "category": "reporters:state",
      "reporter": "Ill.",
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    {
      "cite": "17 Ill. App. 28",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        867477
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        "/ill-app/17/0028-01"
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  "last_updated": "2023-07-14T19:00:37.527249+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Louis Oswald v. David Hutchinson."
    ],
    "opinions": [
      {
        "text": "Conger, P. J.\nThis case was formerly before this court and is reported in 17 Ill. App. 28.\nUpon its\" being remanded a new trial was had and the jury were instructed in accordance with the law as held in the former opinion of this court.\nUnder these instructions and the evidence offered, the jury found that in the sale from Mitchell to Oswald no title to the wagons in controversy passed from Hutchinson but that he remained the owner of them, and, we think, they were fully justified in so finding.\nOswald having no title, his retaining the wagons in possession under a claim of ownership was such a wrongful possession as relieved appellee from making a demand before bringing suit. Wells on Replevin, Secs. 345-373; Clark v. Lewis, 35 Ill. 417.\nThe judgment of the Circuit Court will be affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Conger, P. J."
      }
    ],
    "attorneys": [
      "Messrs, James R. Ward and Frank R. Whiteside, for appellant.",
      "Mr, Henry C. Withers, for appellee."
    ],
    "corrections": "",
    "head_matter": "Louis Oswald v. David Hutchinson.\nReplevin&emdash;Demand&emdash;Evidence&emdash;Second Appeal.\nAn action of replevin may he brought against one whose possession is wrongful, without previous demand.\n[Opinion filed November 18, 1887.]\nAppeal from the Circuit Court of Greene County; the Hon. George W. Herdman, Judge, presiding.\nMessrs, James R. Ward and Frank R. Whiteside, for appellant.\nMr, Henry C. Withers, for appellee."
  },
  "file_name": "0273-01",
  "first_page_order": 269,
  "last_page_order": 270
}