Kimball v. Riter
Illinois Supreme Court
It appears from the record that this was a proceeding commenced by the levy of a distress warrant on behalf of Kimball, the plaintiff in error, on certain property of Riter, his tenant, claiming $100 rent due, and that after the distress warrant was levied, it was returned and filed before John Bauer, a justice of the peace of Hancock county, with an inventory of property levied on, and' Bauer thereupon issued a summons, tried the case, and rendered a judgment against…
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It appears from the record that this was a proceeding commenced by the levy of a distress warrant on behalf of Kimball, the plaintiff in error, on certain property of Riter, his tenant, claiming $100 rent due, and that after the distress warrant was levied, it was returned and filed before John Bauer, a justice of the peace of Hancock county, with an inventory of property levied on, and' Bauer thereupon issued a summons, tried the case, and rendered a judgment against plaintiff Kimball for costs. From that judgment Kimball regularly appealed to the Circuit Court of Hancock county, which…
1Opinion of the CourtBreese, J.
This was a proceeding under the statute respecting landlords and tenants, in which the magistrate found for the defendant and entered a judgment against the plaintiff for the costs. On appeal to the Circuit Court, it was held that an appeal did not lie in such case, and this writ of error is prosecuted from that decision. The only question in the case is, as to the propriety of this decision.
The act respecting landlords and tenants (Scates’ Comp. 717), does not in terms allow an appeal, nor does it require the justice of the peace to enter a judgment for the landlord, should he find any rent…
2Cases cited1 opinion
- Sketoe v. EllisIllinois Supreme Court · 1852
3Cited by1 opinion
- Lauferty v. PrickettIndiana Supreme Court · 1875