Savage v. French
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the lion. William H. JBaenum, Judge, presiding. This action was trespass quare domum fregit brought by Sarah B. French in the court below against Henry W. and Ella M. Savage.
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Appeal from the Circuit Court of Cook county; the lion. William H. JBaenum, Judge, presiding. This action was trespass quare domum fregit brought by Sarah B. French in the court below against Henry W. and Ella M. Savage. The only cause of action set out in the declaration was, that the defendants, January 14,1878, with force and arms broke and entered plaintiff’s dwelling house, situate in the county of Cook, and then and there took, carried away and converted to their own use certain specified- goods and chattels of plaintiff then and there being. The defendants pleaded the general issue,…
1Opinion of the CourtMcAllister, J.
We are of opinion that the plaintiff’s demurrer to the defendants’ plea, setting up the judgment in the replevin suit as a bar to any recovery for the taking, etc., of plaintiff’s goods, was properly sustained on the ground that under the declaration such taking, etc:, was no substantive part of the plaintiff’s cause of action. The action was trespass for the breaking and entering plaintiff’s house. In its title, and consequently in its character, it was trespass guare domum fregit. By the settled law the breaking, etc., of the house constituted the whole gist of the complaint, and the…
2Cases cited2 opinions
- Johnson v. SmithNew York Supreme Court · 1811
- Karr v. BarstowIllinois Supreme Court · 1860
3Cited by10 opinions
- Roberts v. MossCourt of Appeals of Kentucky · 1907
- Reid v. Singer Sewing MacH. Co.Supreme Court of Alabama · 1928
- Woodworth v. GorslineSupreme Court of Colorado · 1902
- Gilbert v. Buffalo Bill's Wild West Co.Appellate Court of Illinois · 1897
- Tribby v. O'NealCourt of Appeals for the D.C. Circuit · 1912
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