Western Book & Stationery Co. v. Jevne
Appellate Court of Illinois
Trespass Quare Clausum Fregit.—Mesne profits. Trial in the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Finding and judgment for plaintiff. Appeal by defendant.
1Opinion of the CourtJustice Shepard
This was an action quare clausum fregit, brought by appellee against appellant, the injury laid being a continuous committing of the trespass, in keeping the plaintiff out of possession of the premises, continually from one given day to another—sometimes called laying the action with a continuando—during all of which time the defendant took and received to its own use the issues and profits of the premises, and prevented and deprived the" plaintiff from having the same.
■The cause was tried by the court without a jury, and the damages awarded were six hundred and seventy-five dollars, an…
2Cases cited2 opinions
- McWilliams v. MorganIllinois Supreme Court · 1874
- Scheffel v. WeilerAppellate Court of Illinois · 1891
3Cited by4 opinions
- Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
- City of New York v. Staten Island Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Nathan v. CrouseColorado Court of Appeals · 1913
- Nathan v. CrouseColorado Court of Appeals · 1913