Alexander v. Loeb
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. O. E. Heard, Judge, presiding. This is an appeal from a judgment of the Appellate Court affirming that of the circuit court of Cook county in an action of debt brought by appellees against appellants.
Read the full summary
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. O. E. Heard, Judge, presiding. This is an appeal from a judgment of the Appellate Court affirming that of the circuit court of Cook county in an action of debt brought by appellees against appellants. The declaration contained a count based on section 2 of chapter 8o, (Hurd’s Stat. of 1905, p. 1296,) which gives double rent against a party willfully holding over after the expiration of the term and the service of a written demand for possession. Two…
1Opinion of the CourtJustice Carter
From the propositions of law held by the trial judge it is apparent that he made the finding under the count of the declaration claiming double the rental value, for willfully holding over, and not under those counts based on the covenants of the lease for the payment of $20 per day for holding over. Appellants contend that a recovery on any of the grounds charged in the declaration is barred and waived .by the election to sue on the appeal bond given in the forcible entry and detainer suit and the recovery and satisfaction of the judgment therein. This precise question has never been decided…
2Cases cited11 opinions
- City of LaSalle v. KostkaIllinois Supreme Court · 1901
- Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902
- Wilson v. RootsIllinois Supreme Court · 1887
- Gazzolo v. ChambersIllinois Supreme Court · 1874
- Higgins v. HalliganIllinois Supreme Court · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rhodes v. SiglerAppellate Court of Illinois · 1976
- Helbig v. Citizens' InsuranceIllinois Supreme Court · 1908
- Lesser-Goldman Cotton Co. v. FletcherSupreme Court of Arkansas · 1922
- Covey v. American Distilling Co.Court of Appeals for the Seventh Circuit · 1943
- Grand Union Tea Co. v. HannaAppellate Court of Illinois · 1911
2 more not listed; retrieve them via the Exa API.