Monroe County IL Archives Court.....Beaumont, V Yantz 1819-31
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 May 27, 2008, 11:04 pm

Source: Reports Of Cases Illinois
Written: 1819-31

July Term 1820

James S. Beaumont, Appellant, v. _____ Yantz, Appellee.

Appeal from Monroe.

Aa declaration in an action of trespass for taking and conveying away "four 
horses, the property of the plaintiff," is sufficiently certain and 
descriptive of the property taken.

This was an action of trespass de bonis asportatis, brought by Yantz against 
Beaumont in the court below, for taking and conveying away "four horses, the 
property, goods and chattels of the plaintiff, of the value of three hundred 
dollars." The defendant demurred to the declaration, and assigned as causes of 
demurrer, 1. That the horses were not described with sufficient particularity; 
and 2. That the value of each horse should have been stated in the 
declaration. The demurrer was overruled, and an appeal taken to this court. 

Opinion of the Court. The cases cited by the appellant's counsel, do not apply 
to this case. It is not necessary that each horse should be particularly 
described. Mentioning the number of horses, and an allegation that they were 
the property of the plaintiff, is sufficient. There is no precedent to be 
found in the books, in which the property is precisely described, as to its 
shape, color, &c. A recovery in this action could well be pleaded in bar of a 
suit, for four black geldings, unless the plaintiff should new assign, and 
show them to be other and different ones, from those for which this suit is 
brought.

As to the second objection, it is sufficient that the aggregate value of all 
the horses be set forth in the declaration. The judgment of the court below is 
affirmed. (1)

Judgment affirmed.

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(1) In trespass for taking and carrying away a quantity of poultry of several 
descriptions, it is not necessary to state how many there were of each 
description, the collective value of the whole being stated. Donaghe v. 
Roudeboush, 4 Munf., 251.

Additional Comments:
Reports of Cases at Common Law and in Chancery, Argued and Determined in the 
Supreme Court of the State of Illinois, From its First Organization in 1819, 
to the End of December Term, 1831. By Sidney Breese, Counsellor at Law. Second 
Edition, with Additional Notes, By Edwin Beecher. Chicago: Callaghan & 
Company, 1877.

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