Case Details

Albro et al. v. Dayton

Case # Not Listed

Appellant/Plaintiff

Alexander W. Albro, impleaded with Thomas Williams, D. E. Norton, and Stephen Albro

Appellee/Defendant

Chauncey I. Dayton

Appellant/Plaintiff Attorneys

John I. Bennett, H. Bigelow

Appellee/Defendant Attorneys

Howe, North

County of Origin

Stark County

Justice

Justice Pinkney H. Walker

Terms of Court

April 1862

Type of Case

Bill for Injunction

Disposition

Reversed

Citation

28 Ill 325

Case Summary

Dayton sued Albro, a deputy sheriff, and others in an action of replevin. Dayton's attorney dismissed the suit. Dayton then sued Albro for a bill for injunction to prevent payment of $135 in damages for wrongful detention of the property and to reinstate the replevin suit, arguing his attorney had no authority to dismiss the case. After a change of venue, the court made the injunction perpetual. Albro appealed to the Illinois Supreme Court, which reversed the judgment and dismissed Dayton's bill for injunction. The Court reversed the case because of Dayton's failure to diligently pursue legal remedies or prove misconduct by his attorney.