Herschbach v. Cohen
Illinois Supreme Court
Appeal from the Circuit Court of Randolph county; the Hon. R. D. W. Holder, Judge, presiding. This is an action of ejectment, begun on August 24, 1903, in the circuit court of Randolph county by the appellant against the appellee. The trial, which was before the court without a jury, resulted in a judgment entered on September 24,1903, in favor of the defendant below, appellee here, and against plaintiff below, appellant here, for costs of suit.
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Appeal from the Circuit Court of Randolph county; the Hon. R. D. W. Holder, Judge, presiding. This is an action of ejectment, begun on August 24, 1903, in the circuit court of Randolph county by the appellant against the appellee. The trial, which was before the court without a jury, resulted in a judgment entered on September 24,1903, in favor of the defendant below, appellee here, and against plaintiff below, appellant here, for costs of suit. The present appeal is prosecuted from the judgment so entered. The property, which appellant claims in fee, is described as follows, to-wit: Surveys…
1Opinion of the CourtJustice Magruder
The defense, made by the appellee upon the trial below, was that the judgment in the trespass suit between the same parties was res judicata as to the title involved in this suit. The trial court sustained the defense, so made by appellee, and entered judgment accordingly. The question of law, presented by the record, is this: if, in an action of trespass quare clausum fregit, the defense pleaded is liberum tenementum, can tlie judgment therein rendered be set up as res judicata, when an attempt is afterwards made tp establish title in another proceeding between the same parties, the close…
2Cases cited6 opinions
- Fort Dearborn Lodge No. 214 v. KleinIllinois Supreme Court · 1885
- Keyser v. SutherlandMichigan Supreme Court · 1886
- Dean v. ComstockIllinois Supreme Court · 1863
- Hawley v. SimonsIllinois Supreme Court · 1881
- Elson v. ComstockIllinois Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Coburn v. Roanoke Land and Timber CorporationSupreme Court of North Carolina · 1963
- Marks v. MadsenIllinois Supreme Court · 1913
- Chicago Terminal Transfer Railroad v. BarrettIllinois Supreme Court · 1911
- Schwartz v. McQuaidAppellate Court of Illinois · 1904