Barrett v. Boddie
Illinois Supreme Court
Appeal from the Appellate Court for the First District;-—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. On December 19, 1892, the lease in question was executed between Nicholas Y. Boddie, appellee, by Boddie Bros., his agents, and Nic. Raquet, the rental of which was guaranteed by appellants, Barrett & Barrett, the premises leased being the first or main floor of the building known as No. 46 Lake street, Chicago.
Read the full summary
Appeal from the Appellate Court for the First District;-—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. On December 19, 1892, the lease in question was executed between Nicholas Y. Boddie, appellee, by Boddie Bros., his agents, and Nic. Raquet, the rental of which was guaranteed by appellants, Barrett & Barrett, the premises leased being the first or main floor of the building known as No. 46 Lake street, Chicago. The lessee, Raquet, used the said premises for the purposes of a restaurant and saloon, the rental provided amounting…
1Opinion of the CourtJustice Phillips
The term “eviction” is applied to every class of expulsion or amotion. The term is not applicable to a mere trespass on the tenant’s possession by the landlord, but to constitute eviction there must be something of a grave and permanent character done by the landlord, for the purpose and with the intention of depriving the tenant of the enjoyment of the demised premises. The question is therefore one of fact, dependent on the circumstances of the particular case, and to be determined by the jury. Hayner v. Smith, 63 Ill. 430; Lynch v. Baldwin, 69 id. 210; Morris v. Tillson, 81 id. 607.
At…
2Cases cited10 opinions
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Keating v. SpringerIllinois Supreme Court · 1893
- Warren v. WagnerSupreme Court of Alabama · 1883
- Hayner v. SmithIllinois Supreme Court · 1872
- De Witt v. PiersonMassachusetts Supreme Judicial Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Automobile Supply Co. v. Scene-In-Action Corp.Illinois Supreme Court · 1930
- Talbott v. EnglishIndiana Supreme Court · 1901
- Gilson v. GilliaCourt of Appeals of Tennessee · 1958
- Boyd v. McCartyTennessee Supreme Court · 1919
- Potts-Thompson Liquor Co. v. Capital City Tobacco Co.Supreme Court of Georgia · 1912
25 more not listed; retrieve them via the Exa API.