Wade v. Halligan
Illinois Supreme Court
This was a proceeding by a landlord against Ms tenant by distress. The cause was heard before Leland, Judge, at May term, 1854, of the La Salle Circuit Court. Proofs were heard, and a judgment rendered in favor of Halligan, the landlord, against Wade, the tenant. The latter prayed for and obtained this appeal. The following is the affidavit for a continuance referred to in the opinion of the court.
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This was a proceeding by a landlord against Ms tenant by distress. The cause was heard before Leland, Judge, at May term, 1854, of the La Salle Circuit Court. Proofs were heard, and a judgment rendered in favor of Halligan, the landlord, against Wade, the tenant. The latter prayed for and obtained this appeal. The following is the affidavit for a continuance referred to in the opinion of the court. “ Thomas J. Wade, being first duly sworn, saith on oath, that Conrad Birkell, T. D. Brewster, and C. A. Holmes, and John Hoffman, and Henry Fessler, who now reside in La Salle county, Illinois, are…
1Opinion of the CourtScates, C. J.
A motion was made by appellee, in this court, to dismiss this appeal, on the ground that the proceeding in the circuit court, and its finding and certificate, are not a judgment, or decree, within the meaning of Sec. 7 of Rev. Stat. 1845, p. 143, and Sec. 47 of practice act, page 420. Appeals are allowed whore the judgment or decree is final, and for twenty dollars or more, above costs, or relates to a franchise or freehold.
Wc are of opinion that the finding and certificate, required by the 6th section of the act in relation to Landlord and Tenant, Chap. 60 of Eev. Stat. 1845, p. 334, do…
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