Murray v. Haverty
Illinois Supreme Court
Appeal from the Circuit Court of LaSalle county; the Hon. Edwin S. Leland, Judge, presiding. This was an action of trespass, by Thomas Haverty and a number of others against the appellants, for breaking and entering the plaintiffs’ close, etc. A trial was had, resulting in a verdict of $1100 in favor of the plaintiffs, upon which the court rendered judgment, refusing defendants’ motion for a new trial. The essential facts of the case appear in the opinion of the court.
1Opinion of the CourtJustice Scott
The declaration in this case is in trespass, and contains three counts. The first is for breaking the close, digging and carrying away coal; the second is for stripping and uncovering coal in the mines on the premises, whereby the same were damaged, and the third is a count in trespass de bonis asportatis. Defendants pleaded, first, not guilty, as to the whole declaration; second, liberum tenementum, as to the first and second counts, and third, a license from all the plaintiffs to do the acts complained of. Eeplications were filed to all these pleas, and upon the issues joined thereon a…
2Cases cited2 opinions
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Marshall v. TrumbullSupreme Court of Connecticut · 1859
3Cited by12 opinions
- Swartzbaugh v. SampsonCalifornia Court of Appeal · 1936
- Schaumburg State Bank v. Bank of WheatonAppellate Court of Illinois · 1990
- Jasper Land Co. v. Manchester SawmillsSupreme Court of Alabama · 1923
- Zeigler v. BrennemanIllinois Supreme Court · 1908
- Pure Oil Co. v. ByrnesIllinois Supreme Court · 1944
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