Gray v. Waterman
Illinois Supreme Court
Appeal from the Circuit Court of Kendall county; the Hon. Madison E. Hollister, Judge, presiding. This was an action of trespass guare clausum fregit, brought by Minard L. Waterman, in the Grundy Circuit Court, against John Gray, ¡Reuben ¡Raymond, Christopher 0. Massey, Charles ¡Noble, Robert McFarland and Thomas Gray. The declaration charged the tearing down a fence of plaintiff, and destroying his corn and other growing grain.
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Appeal from the Circuit Court of Kendall county; the Hon. Madison E. Hollister, Judge, presiding. This was an action of trespass guare clausum fregit, brought by Minard L. Waterman, in the Grundy Circuit Court, against John Gray, ¡Reuben ¡Raymond, Christopher 0. Massey, Charles ¡Noble, Robert McFarland and Thomas Gray. The declaration charged the tearing down a fence of plaintiff, and destroying his corn and other growing grain. A number of pleas were filed and issues were formed. The case was removed by change of venue to Kendall county, where a trial was had resulting in a verdict against…
1Opinion of the CourtChief Justice Walker
This was an action of trespass guare clausum fregit brought by appellee against appellants. The general issue was filed by all of the defendants; and all, except Gray, filed a plea of justification, that the place where the fence stood, and from which it was removed, was a public highway, and defendants, as a part of the traveling public, having occasion to use the road, removed the fences as they lawfully might. A replication was filed traversing the averment that the place where the fence stood was a public road. »
The cause was tried at the special May Term, 1865, of the court, by a jury,…
2Cases cited1 opinion
- Buckmaster v. CoolIllinois Supreme Court · 1850
3Cited by4 opinions
- Ariola v. NigroIllinois Supreme Court · 1959
- Thompson v. PowningNevada Supreme Court · 1880
- Cochrane v. TuttleIllinois Supreme Court · 1874
- City & Suburban Realty Co. v. SachseCourt of Appeals of Maryland · 1927