Legal Opinion

Motherell v. Beaver

Illinois Supreme Court

Decided December 15, 1845PublishedCited by 1 opinion

Trespass quare clausum fregit, brought by the defendant in error against the plaintiff in error, in the Bureau Circuit Court, and heard before the Hon. John D. Catón, at the,May term 1844, on demurrer to a plea in abatement, which had been interposed. The demurrer was overruled, when the plaintiff obtained leave to file, and did file, a replication to said plea.

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Trespass quare clausum fregit, brought by the defendant in error against the plaintiff in error, in the Bureau Circuit Court, and heard before the Hon. John D. Catón, at the,May term 1844, on demurrer to a plea in abatement, which had been interposed. The demurrer was overruled, when the plaintiff obtained leave to file, and did file, a replication to said plea. The issue was then tried by the Court, the defendant found guilty, and damages assessed against him in the sum of $13*70. Judgment was thereupon entered.

1Opinion of the Court

The Opinion of the Court was delivered by

Purple, J.*

The defendant in error in this case sued the plaintiff in error in the Bureau Circuit Court, in an action of trespass qaare clausum fregit.

In his declaration, the plaintiff below claims damages for an entry and trespass upon certain real estate, and for taking and carrying away personal property therefrom.

The defendant in that Court pleaded, in abatement, that the premises, property, goods and chattels, in the said plea and declaration mentioned, were the property of the defendant in error and one John Beaver, and not of said defendant…

2Cited by1 opinion

  1. Hill v. TrappAppellate Court of Illinois · 1917

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