Legal Opinion

Minkhart v. Hankler

Illinois Supreme Court

Decided November 15, 1857PublishedCited by 12 opinions

ERROR TO MONROE. This cause was tried before Underwood, Judge, without a jury, at April term, 1852, of the Monroe Circuit Court. The court found the defendant guilty, but did not find the estate of the plaintiffs, and rendered judgment for plaintiffs, but did not order a writ of possession. Defendant below brings the case here.

1Opinion of the CourtSkinnee, J.

This was an action of ejectment. The declaration contains two counts, claiming the premises in fee simple. The first count describes the premises as “ lot number seventeen, in the town of Columbia,” omitting the county and State; and, therefore, the action being local, it does not appear that the Circuit Court had jurisdiction. The second count is unobjectionable. The record shows that the declaration was filed, and a rule taken to plead. The objection that it does not appear that a declaration was filed, has, therefore, no foundation in the record. The defendant pleaded not guilty, and the…

2Cited by12 opinions

  1. American Exchange Bank v. MitchellAppellate Court of Illinois · 1913
  2. Mapes v. ScottIllinois Supreme Court · 1880
  3. Coats v. BarrettAppellate Court of Illinois · 1893
  4. Lewis v. WatrusNebraska Supreme Court · 1878
  5. McNamara & Duncan v. CabonNebraska Supreme Court · 1887

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