O'Hara v. King
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. William A. Porter, Judge, presiding. This was an action of trespass, m et armis, brought by Simeon W. King, against Daniel O’Hara. The facts are these: On the 6th day of April, 1868, the defendant was clerk of the recorder’s court of the city of Chicago, and in possession of a room in the court house building, where he conducted his business.
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Appeal from the Superior Court of Chicago; the Hon. William A. Porter, Judge, presiding. This was an action of trespass, m et armis, brought by Simeon W. King, against Daniel O’Hara. The facts are these: On the 6th day of April, 1868, the defendant was clerk of the recorder’s court of the city of Chicago, and in possession of a room in the court house building, where he conducted his business. About seven o’clock in the evening, while the defendant was in the office transacting public business, the plaintiff entered, having, as he testified, no business, for the purpose of whiling away the…
1Opinion of the CourtChief Justice Breese
"We perceive no error in this record. The plaintiff below was rightfully in the office of the defendant, it being a public office, he interfering with no one, in no way impeding the business then being transacted, and conducting himself in a quiet and orderly manner.- We know no law forbidding a person, conducting himself properly, from entering a public office from motives of curiosity merely, at such hours as the office may be open for the transaction of public business.
That such was the condition of this office at the time of the assault, is shown by the proof.
It is not like the case of…
2Cases cited2 opinions
- Ray v. WootersIllinois Supreme Court · 1857
- Woodman v. HowellIllinois Supreme Court · 1867
3Cited by8 opinions
- State v. PotterSupreme Court of Kansas · 1875
- State ex rel. Colscott v. KingIndiana Supreme Court · 1900
- Schmedding v. MayMichigan Supreme Court · 1891
- Hanson v. EichstaedtWisconsin Supreme Court · 1887
- Boylan v. WarrenSupreme Court of Kansas · 1888
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