Dooley v. Pease

Mr. Edward Winslow Paige for plaintiff in error.

Messrs. Lockwood Honor e, A. W. Green, and F. M. Peters for defendant in error.

Statement by Mr. Justice Shiras:

This was an action brought on June 25, 1895, in the circuit court of the United States for the northern district of Illinois, by Michael F. Dooley, as receiver of the First National Bank of Willimantic, Connecticut, against James Pease, a citizen of the state of Illinois. The declaration complained of a trespass by the defendant, who was sheriff of Cook county, Illinois, in levying upon and taking possession of a stock of silk goods, in a store room in the city of Chicago, which were claimed by the plaintiff to belong to him. After a plea of not guilty the case was, by consent, tried without a jury.

On May 28, 1897, judgment, under the findings, was entered in favor of the defendant.

The case was then taken to the circuit court of appeals for the seventh circuit, and on July 6, 1898, the judgment of the circuit court was affirmed. A writ of error was thereupon allowed from this court.

Mr. Justice Shiras delivered the opinion of the court: