Legal Opinion

Illinois Central Railroad v. Hatter

Illinois Supreme Court

Decided February 17, 1904PublishedCited by 10 opinions

Appeal from the Circuit Court of JoDaviess county; the Hon. R. S. Farrand, Judge, presiding. This is an action of trespass quare clausum fregit, brought by appellee, against appellant, in the circuit court of JoDaviess county, to the February term, 1902, of that court.

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Appeal from the Circuit Court of JoDaviess county; the Hon. R. S. Farrand, Judge, presiding. This is an action of trespass quare clausum fregit, brought by appellee, against appellant, in the circuit court of JoDaviess county, to the February term, 1902, of that court. The declaration consisted of one count, alleging title, by adverse possession, to a strip of land adjoining appellant’s depot platform in the city of Galena, and charging appellant with tearing down a fence and chopping down a large shade tree on such strip, throwing both on adjoining land of appellee, and erecting on the strip…

1Opinion of the CourtJustice Scott

It is suggested by appellee that this appeal should have been taken to the Appellate Court, and it is said that the suit is for an injury to the possession; that it is a possessory action brought for a trespass vi et armis; and it is argued that having been in possession, the plaintiff is entitled to recover for the injury to the possession even though the defendant was the owner of the freehold and entitled to the possession, and appellee asserts that this is an action of trespass vi et armis—not of trespass quare clausum fregit. The latter is the technical name of that form of trespass vi…

2Cases cited3 opinions

  1. Piper v. ConnellyIllinois Supreme Court · 1884
  2. Zirngibl v. Calumet & Chicago Canal & Dock Co.Illinois Supreme Court · 1894
  3. Illinois & St. Louis Railroad & Coal Co. v. CobbIllinois Supreme Court · 1873

3Cited by10 opinions

  1. Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
  2. Ashton v. MacQueenIllinois Supreme Court · 1935
  3. Sterling v. TarvinCourt of Appeals of Texas · 1970
  4. Rich v. NaffzigerIllinois Supreme Court · 1912
  5. Duck Island Hunting & Fishing Club v. WhitnahIllinois Supreme Court · 1922

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