McNeer v. Boone
Appellate Court of Illinois
Memorandum.—Case; judgment on demurrer to declaration. Error to the Circuit Court of Douglas County; the Hon. Edmund P. Vail, Judge, presiding.
1Opinion of the Court
Mr. Presiding Justice Boggs
delivered the opinion of the Court.
A demurrer was sustained to the declaration in this, an action on the case brought by McNeer against Boone. The correctness of the ruling of the Circuit Court in this respect is the only question here presented.
■ The declaration alleged that McHeer was the owner of a colt which was being pastured by James Smith. That Boone had possession of a pasture adjoining that of Smith, in which he (Boone) had a herd of cattle. That the pasture fields were divided by a “ good and sufficient fence,” and that Boone’s cattle broke down the fence,…
2Cases cited2 opinions
- Hildreth v. HoughIllinois Supreme Court · 1858
- McBride v. LyndIllinois Supreme Court · 1870
3Cited by2 opinions
- City of Dixon v. MesserAppellate Court of Illinois · 1907
- Novak v. ShoupAppellate Court of Illinois · 1918