Diener

This is an action to recover the value of certain wine alleged to have been the property of the plaintiff and to have been destroyed by the defendant Shaul, the sheriff of the county of Lake. The other defendant is the surety upon the sheriff’s official bond.

The action was tried before a jury which brought in a verdict for the defendants. From a judgment rendered upon this verdict the plaintiff has appealed.

It is admitted that the wine was destroyed by the sheriff upon the written consent of the plaintiff. It is claimed, however, by the plaintiff, that this consent was obtained by duress. The plaintiff had 600 gallons of wine in a cellar of her home held in a bonded warehouse and 180 gallons upstairs. Her son, who lived with her, sold some of this wine and was arrested. He pleaded guilty and was sentenced to sixty days in jail and to pay a fine. The jail sentence was suspended, however, upon condition that he should refrain from further violations of the law and that the liquor upon the premises should be destroyed. The son consented to this, but stated that the liquor belonged to his mother and he had no right to consent to its destruction. The sheriff rvas then instructed to…