Taylor v. Riddle, 35 Ill. 567 (1864)

April 1864 · Illinois Supreme Court
35 Ill. 567

Abner Taylor, impleaded, &c., v. Adoniram Riddle.

1. Replevin — description of property. A variance between the property described in the affidavit and plaint in an action of replevin, and the proof, as where, in replevin for two bay horses, the proof shows one of them was a sorrel horse, is fatal.

*568Wbit of Ebbob to the Court of Common Pleas of the city of Aurora, Kane county; Hon. B. F. Parks, Judge, presiding.

The. case is sufficiently stated in the opinion of the court.

Hr. Charles J. Hetzneb, for the plaintiff in error.

Hr. L. B. Wagner, for the defendant in error.

Hr. Justice Bbeese

delivered the opinion of the Court:

This judgment must be reversed on one ground if no other. The plaint in replevin describes the property as two bay horses; the proof shows one of them was a sorrel horse. For this variance the judgment is reversed and the cause remanded.

Judgment reversed.