Gould v. Sternburg
Appellate Court of Illinois
Error to the Circuit Court of Will county; the Hon. Josiah McEoberts, Judge, presiding. This action was commenced May 4th, 1878, before a justice of the peace by defendant in error, to recover damages for an alleged wrongful entry into the lands of which she was possessed, and upon appeal to Circuit Court she obtained a verdict for $200, and the court refusing the defendants a new trial, they bring the case here on error.
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Error to the Circuit Court of Will county; the Hon. Josiah McEoberts, Judge, presiding. This action was commenced May 4th, 1878, before a justice of the peace by defendant in error, to recover damages for an alleged wrongful entry into the lands of which she was possessed, and upon appeal to Circuit Court she obtained a verdict for $200, and the court refusing the defendants a new trial, they bring the case here on error. It appears from the record that the defendants below, Charles and George Gould, had been in possession of the land and farmed it since 1876, although not living upon it, and…
1Opinion of the CourtPillsburt, P. J.
There was evidence in the record tending to show that the tenant of defendant in error, O’Keefe, had taken actual possession of the premises under his lease, and the court should have submitted that question to the jury, by giving the defendants’ instruction asked upon that point as follows:
“ The court instructs the jury that if they believe from the evidence in this case that the plaintiff, through her agent, rented the premises in controversy to one James O’Keefe, and that the said O’Keefe had the actual and exclusive possession of the premises at the time of the alleged trespass, then the…
2Cases cited3 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Smith v. WunderlichIllinois Supreme Court · 1873
- Oetgen v. RossIllinois Supreme Court · 1868
3Cited by1 opinion
- Feeley v. ThewlisAppellate Court of Illinois · 1888