Legal Opinion

Gunnerson v. Erickson

Appellate Court of Illinois

Decided March 8, 1897Published

Transcript, from a justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding.

1Opinion of the CourtJustice Waterman

In an action before a justice of the peace, there being no written pleadings or complaint, the nature of the action is such as the evidence makes it.

Appellant introduced evidence suitable to a case of trespass de bonis, or an action of trover. Appellee set off a claim arising from a contract.

Appellant was asking for a money judgment only, not for a return of any property.

Sec. 49 of Chap. 79 of the Statute, Justices and Constables, is as follows:

“ In all suits which shall be commenced before a justice of the peace, each party shall bring forward all his demands against the other existing at…