Halligan v. Wade
Illinois Supreme Court
This was a distress for rent. There was a trial by jury in the Circuit Court of LaSalle, at the February term, 1858. There was a verdict for defendant, Hollister, Judge, presiding.
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This was a distress for rent. There was a trial by jury in the Circuit Court of LaSalle, at the February term, 1858. There was a verdict for defendant, Hollister, Judge, presiding. The evidence of the plaintiff consisted of a lease in writing by Patrick Halligan to Samuel Brown and Bichard Lownsberry, of the United States Hotel and outhouses, excepting the three stores and the room occupied by the Freemasons and Sons of Temperance, for the term of five years, from October 1,1850, at $650 a year for the first two years, and $750 each year for the last three years, payable quarterly in advance;…
1Opinion of the CourtWalker, J.
When this case was before this court on a former trial, it was laid down as a general and well settled rule, “ that an eviction, in fact or in effect, which destroys and renders the premises useless, may be set up in defense against a recovery of rent; and this extends to such acts of disturbance as effect the same thing.” The first instruction asked by plaintiff was based upon the supposition that even if it was true that an eviction of a portion of the premises, and such other acts had been done by plaintiff as had the effect of an eviction of the whole, nevertheless if defendant was in the…
2Cited by20 opinions
- Keating v. SpringerIllinois Supreme Court · 1893
- Automobile Supply Co. v. Scene-In-Action Corp.Illinois Supreme Court · 1930
- White v. WalkerIllinois Supreme Court · 1863
- Wade v. HerndlWisconsin Supreme Court · 1906
- Wright v. LattinIllinois Supreme Court · 1865
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