Legal Opinion

Spurck v. Forsyth

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 3 opinions

Appeal from the Circuit Court of Peoria county; the Hon. S. L. Richmond, Judge, presiding. This was an action of forcible entry and detainer, commenced by Robert Forsyth against Peter E. Spurck, before a justice of the peace in Peoria county, and removed by appeal into the Circuit Court, where a trial resulted in a verdict and judgment in favor of the plaintiff.

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Appeal from the Circuit Court of Peoria county; the Hon. S. L. Richmond, Judge, presiding. This was an action of forcible entry and detainer, commenced by Robert Forsyth against Peter E. Spurck, before a justice of the peace in Peoria county, and removed by appeal into the Circuit Court, where a trial resulted in a verdict and judgment in favor of the plaintiff. The defendant thereupon took this appeal Pending the trial below, the defendant moved to dismiss the suit on the ground of the insufficiency of the complaint; and whether the objection to the complaint was well taken is the only…

1Opinion of the CourtJustice Lawrence

This was an action of forcible entry and detainer brought by Forsyth against Spurck, upon the following complaint:

“ Robert Forsyth being duly sworn, according to law, says, that on the 20th day of December, 1859, he was, and still is, the owner of the following described real estate, to wit: Lot five, in block thirty-nine, in Bigelow & Underhill’s addition to Peoria, and that on the day and year aforesaid, the said Robert Forsyth was in the actual, peaceable and quiet possession of said premises. And that afterward, to wit, on the 21st day of December, A. D. 1859, Peter E. Spurck willfully,…

2Cited by3 opinions

  1. Mead v. West Pub. Co.U.S. Circuit Court for the District of Minnesota · 1896
  2. Barnes v. CoxUtah Supreme Court · 1895
  3. Norris v. PierceAppellate Court of Illinois · 1893

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