Fitzgerald v. Quinn
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. In this proceeding under the Forcible Entry and Detainer act, brought by John Quinn, the appellee, against John W. Fitzgerald and Elizabeth M. Fitzgerald, the appellants, he recovered a judgment before a justice of the peace, and, on appeal, a judgment in the circuit court, and afterwards there was a judgment of affirmance in the Appellate Court. The complaint filed with the justice of the peace was as follows: “John Quinn…
1Opinion of the CourtJustice Baker
We may premise by saying that the action of forcible entry and detainer, or forcible detainer, is a special statutory proceeding, summary in its nature and in derogation of the common law, and it follows that the conditions and requirements that the statute prescribes in conferring jurisdiction must clearly exist and that the mode of procedure provided by it must be strictly pursued. Steiner v. Priddy, 28 Ill. 179; Schaumtoeffel v. Belm, 77 id. 567; French v. Willer, 126 id. 611; Burns v. Nash, 23 Ill. App. 552.
The complaint herein charges “that the said premises were vacant and unoccupied,…
2Cases cited11 opinions
- Thomasson v. WilsonIllinois Supreme Court · 1893
- Turney v. ChamberlainIllinois Supreme Court · 1853
- Burns v. NashAppellate Court of Illinois · 1887
- Dudley v. LeeIllinois Supreme Court · 1866
- McLean v. FardenIllinois Supreme Court · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Fredman Bros. Furniture Co. v. Department of RevenueIllinois Supreme Court · 1985
- Avdich v. KleinertIllinois Supreme Court · 1977
- West Side Trust & Savings Bank v. LopotenIllinois Supreme Court · 1934
- Lescher v. BarkerAppellate Court of Illinois · 1978
- City of Chicago v. Chicago Steamship Lines, Inc.Illinois Supreme Court · 1927
24 more not listed; retrieve them via the Exa API.