Phelps v. Randolph
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the County Court of Peoria county; the Hon. Samuel P. Weed, Judge, presiding. This was an action of forcible entry and detainer, brought by Randolph, against Phelps, before a justice of the peace, where a judgment was rendered for the defendant.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the County Court of Peoria county; the Hon. Samuel P. Weed, Judge, presiding. This was an action of forcible entry and detainer, brought by Randolph, against Phelps, before a justice of the peace, where a judgment was rendered for the defendant. Randolph appealed to the county court, and on a trial a verdict was returned for the plaintiff, and judgment entered thereon against defendant. Prom this judgment the defendant appealed to the Appellate Court, where the judgment was affirmed. There is no…
1Opinion of the CourtJustice Cbaig
The time for which the premises were leased had expired when Phelps took possession and removed Randolph’s cattle, liorses and other property from the lot or tract of land, and it is claimed that he had the right to take possession of the property, providing he could do so without a breach of the peace, while, on the other hand, it is claimed that Randolph, being in the lawful possession of the property, was entitled to hold that possession until dispossessed in an action brought for that purpose. The court, on the trial, instructed the jury, in behalf of the plaintiff, in substance as…
2Cases cited4 opinions
- Reeder v. PurdyIllinois Supreme Court · 1866
- Doty v. BurdickIllinois Supreme Court · 1876
- Smith v. HoagIllinois Supreme Court · 1867
- Wilder v. HouseIllinois Supreme Court · 1868
3Cited by18 opinions
- Jordan v. TalbotCalifornia Supreme Court · 1961
- S & D Service, Inc. v. 915-925 W. Schubert Condominium Ass'nAppellate Court of Illinois · 1985
- Leavitt v. Charles R. Hearn, Inc.Appellate Court of Illinois · 1974
- Harper v. SalleeIllinois Supreme Court · 1940
- People v. EvansAppellate Court of Illinois · 1987
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