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DUFAUCHARD v. WARD

Gen. No. 49,392.

51 Ill. App.2d 42 (1964)

200 N.E.2d 833

Lewis Dufauchard, Plaintiff-Appellee, v. Daniel P. Ward, State's Attorney, Roswell Spencer, State's Attorney's Police, Curtis Foster, State's Attorney's Policeman, Defendants-Appellants.

Appellate Court of Illinois — First District, Fourth Division.

July 29, 1964.

Attorney(s) appearing for the Case

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Edward J. Hladis, Chief of Civil Division, Earl Arkiss and Ronald Butler, Assistant State's Attorneys, of counsel), for appellants.

Raymond W. Ewell & Carl McCormick, of Chicago (Carl McCormick, of counsel), for appellee.

MR. PRESIDING JUSTICE ENGLISH delivered the opinion of the court.

The defendant State's Attorney and two policemen appeal from a judgment ordering the return to plaintiff of $844.00 seized in connection with his arrest on charges of bookmaking. Plaintiff was acquitted of the gambling charges and subsequently filed this action in detinue for return of the money.

Defendants advance two arguments: (1) plaintiff, as bailee, lacks the requisite general or special...

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