Crotty v. Collins
Illinois Supreme Court
This case was tried at the November term, 1851, of the La Salle Circuit Court, before T. L. Dickey, Judge, and a jury, and resulted in a verdict and judgment for Collins for $300. The defendant made a motion for a new trial, which was overuled. The defendant, Crotty, excepted, and took an appeal. The facts of the case will sufficiently appear in the opinion of the court.
1Opinion of the Court
Catón, J.
The declaration was in trespass quare clausum fregit, setting out the abuttals of the locus in quo. To which the defendant pleaded the general issue, and also liberam tenementum. To which the plaintiff replied double: first, by taking issue generally on the defendant’s pleas; to the second plea he replied a demise from the defendant, and that, under the demise, he was lawfully possessed of the premises when the defendant committed the trespass complained of. Then, by leave of the court, the defendant rejoined double: first, tailing issue on the demise; and second, denying the…
2Cited by10 opinions
- Wadge v. KittlesonNorth Dakota Supreme Court · 1903
- Lindsay v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1882
- Simpkins v. RogersIllinois Supreme Court · 1854
- McGinnis v. FernandesIllinois Supreme Court · 1890
- Altes v. HincklerIllinois Supreme Court · 1864
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