Legal Opinion

Chicago & Rock Island Railroad v. Fell

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 11 opinions

On the 12th December, 1854, the appellants presented to the Circuit Court of LaSalle county their petition for a writ of certiorari, for the purpose of reviewing the records and proceedings in a certain suit in which Mary Fell was plaintiff and appellant was defendant, which suit was commenced before a justice of the peace of LaSalle county on the 2lst August, 1854, and judgment rendered against the defendant on the 28th August, 1854, for 164.16 debt, and $1.37¿- costs.

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On the 12th December, 1854, the appellants presented to the Circuit Court of LaSalle county their petition for a writ of certiorari, for the purpose of reviewing the records and proceedings in a certain suit in which Mary Fell was plaintiff and appellant was defendant, which suit was commenced before a justice of the peace of LaSalle county on the 2lst August, 1854, and judgment rendered against the defendant on the 28th August, 1854, for 164.16 debt, and $1.37¿- costs. The cause of action as stated in the transcript, was “ trespass on personal property.” The petition states, in substance,…

1Opinion of the CourtWalker, J.

The return of the justice of the peace to the writ of certiorari, in the court below, shows that a suit was instituted by appellee against appellant, for a trespass to personal property. It also appears from the return, that a summons was issued and returned: “ Executed the within summons by leaving a true copy of the same with Rollin G. Parks, agent of said company, this 22nd day of August, 1854, the president of said company not residing in my county.” And that on the return day evidence was heard and judgment was rendered against the company for $64.16 debt, and costs of suit.

The common…

2Cited by11 opinions

  1. People ex rel. Maloney v. LindblomIllinois Supreme Court · 1899
  2. Cass v. DuncanIllinois Supreme Court · 1913
  3. Hamilton v. Town of HarwoodIllinois Supreme Court · 1885
  4. Lake v. StateAppellate Court of Illinois · 2010
  5. Peoria Insurance v. WarnerIllinois Supreme Court · 1862

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