Legal Opinion

Johnson v. Stinger

Appellate Court of Illinois

Decided May 21, 1891PublishedCited by 1 opinion

Appeal from the Circuit Court of Marshall County; the Hon. Lawrence W. James, Judge, presiding.

1Opinion of the CourtLacy, J.

This was a suit of trespass quare clausum fregit by the appellant against appellee.

The former showed on the trial that the locus in quo had been in his undisputed possession for over fifty years and that appellee had encroached on such possession by putting a fence on it without authority, though doing no other damage to the property. This, unless some defense be shown, entitles appellant to recover at least nominal damages, which are alone claimed.

As we understand it, appellee claims that the declaration and pleadings narrow the question down to a supposed trespass on lot Mo. 12, and that he…

2Cases cited1 opinion

  1. Comstock v. BrosseauIllinois Supreme Court · 1872

3Cited by1 opinion

  1. American Telephone & Telegraph Co. v. JonesAppellate Court of Illinois · 1898

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