Booth v. Rees
Illinois Supreme Court
This was an action of trespass commenced against the defendants below, returnable at the November term, A. D. 1859, of the Lee Circuit Court. The declaration was for trespass to personal property in the usual form. To the declaration Booth, one of the defendants below, filed two pleas. First, not guilty.
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This was an action of trespass commenced against the defendants below, returnable at the November term, A. D. 1859, of the Lee Circuit Court. The declaration was for trespass to personal property in the usual form. To the declaration Booth, one of the defendants below, filed two pleas. First, not guilty. Second, a special plea of-justification as to part of the articles in the said declaration mentioned, inasmuch as on the 8th day of March, A. D. 1859, before the commission of the supposed trespasses, he was a justice of the peace, duly elected and qualified in and for the county of Lee and…
1Opinion of the CourtWalker, J.
This was an action of trespass to personal property, instituted by Rees against Booth, a justice of the peace, Kinyon, the plaintiff in a former suit, and Reed, the constable. The defendants filed the general issue, and each a plea of justification. Booth, in his plea, justifies as a justice of the peace, and avers, that being such, defendant Kinyon appeared before him and made the following affidavit:
“ STATE OE ILLINOIS, 1 COUNTY OB LEE. j °S"
“The oath and complaint of Alonzo Kinyon, taken before K. F. Booth, a justice of the peace of said county, doth depose and say, that J. G. Rees is…
2Cases cited1 opinion
- Dyer v. FlintIllinois Supreme Court · 1859
3Cited by14 opinions
- Rabbitt v. Frank C. Weber & Co.Illinois Supreme Court · 1921
- Kruse v. WilsonIllinois Supreme Court · 1875
- Martin v. SchilloIllinois Supreme Court · 1945
- Burnett v. McClueySupreme Court of Missouri · 1887
- Hogue v. CorbitIllinois Supreme Court · 1895
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