Hatfield v. Fullerton
Illinois Supreme Court
This was a proceeding by distraint for rent, commenced by appellee. Distress warrant issued to collect the sum of $196.85, rent for the use of lot 5, in block 60, of Russell, Mather and Roberts’ addition to Chicago, dated March 17th, 1859. On the 12th day of November, 1859, the cause was tried, and issue found for the plaintiff, and damages assessed at $175, and motion entered for a new trial was overruled. The evidence consists in a stipulation and a lease.
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This was a proceeding by distraint for rent, commenced by appellee. Distress warrant issued to collect the sum of $196.85, rent for the use of lot 5, in block 60, of Russell, Mather and Roberts’ addition to Chicago, dated March 17th, 1859. On the 12th day of November, 1859, the cause was tried, and issue found for the plaintiff, and damages assessed at $175, and motion entered for a new trial was overruled. The evidence consists in a stipulation and a lease. Stipulation sets forth that the action is brought by the plaintiff, against the defendant, for rent claimed to be due upon a lease,…
1Opinion of the CourtBbeese, J.
We are satisfied a distress cannot be maintained in a case like this, for the reason, that the landlord has no right to determine for himself what proportion the rent of the premises actually occupied,' bears to the rent of the entire premises. His remedy is by an action for use and occupation, in which a recovery can be had on a quantum meruit. It is true, the lessee might bring his action to eject the intruder, or tenant holding over a portion of the demised premises, and recover the possession of such portion, but until that is done, the rent cannot be apportioned by the landlord himself,…
2Cited by6 opinions
- Gazzolo v. ChambersIllinois Supreme Court · 1874
- Marr v. RayIllinois Supreme Court · 1894
- Rice v. Biltmore Apartments Co.Court of Appeals of Maryland · 1922
- Bates v. HallinanIllinois Supreme Court · 1906
- Roberts v. McAllisterAppellate Court of Illinois · 1922
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