Legal Opinion
Harms v. Solem
Illinois Supreme Court
Decided September 15, 1875PublishedCited by 1 opinion
Appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. This was an action of trespass, brought by the appellees, jointly, against the appellant, for damages sustained by reason of the taking of their goods, under a distress warrant, issued by him as their landlord, for rent claimed to be due.
1Opinion of the CourtJustice Walker
Th.e court below erred in giving appellees’ first instruction. It was this:
“The court instructs the jury, that a landlord, in distraining for rent, must not make an excessive levy, but is onlv allowed to take a reasonable amount of property, neither is he allowed to distrain for more than is due at the time of making the distress; and if the jury find, from the evidence, that the said defendant took more property from the plaintiffs than ivas necessary to satisfy the amount due to the defendant, Harms, as rent, at the time of making the distress, and that the said defendant, Harms, claimed…
2Cases cited4 opinions
- Vaughan v. ThompsonIllinois Supreme Court · 1855
- Bonnell v. BowmanIllinois Supreme Court · 1870
- Bingham v. MaxcyIllinois Supreme Court · 1853
- Smothers v. HollyIllinois Supreme Court · 1868
3Cited by1 opinion
- Tumarkin v. GoldsteinNew Jersey Superior Court Appellate Division · 1954