Chicago & Rock Island Railroad v. Reid
Illinois Supreme Court
This suit was commenced before a justice of the peace, and appealed to the Circuit Court. Copy of summons issued by the justice: STATE OF ILLINOIS, I The People of the State of Illinois, to any Constable bureau county. J of said County, Greeting: You are hereby commanded to summon Chicago and Rock Island Railroad Company to appear before me, at my office in Tislrilwa, on the 19th day of August, A. D. 1859, at one o’clock, p.
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This suit was commenced before a justice of the peace, and appealed to the Circuit Court. Copy of summons issued by the justice: STATE OF ILLINOIS, I The People of the State of Illinois, to any Constable bureau county. J of said County, Greeting: You are hereby commanded to summon Chicago and Rock Island Railroad Company to appear before me, at my office in Tislrilwa, on the 19th day of August, A. D. 1859, at one o’clock, p. M., to answer the complaint of Matthew M. Reid, for a failure to pay him a certain sum not exceeding one hundred dollars ; and hereof make due return as the law directs.…
1Opinion of the Court
Catón, C. J.
We have often decided that, under our statute, the proof alone must determine the right to recover in an action commenced before a justice of the peace. Although the plaintiff or the justice might call the case ejectment or larceny, the statute requires the court to hear the proof, and if that makes out a case of which the justice has jurisdiction, the plaintiff is entitled to recover.
We are inclined to agree with the counsel for the plaintiff in error, that the proof shows that this mare was struck by the engine while on the railroad crossing. The proof is also uncontradicted,…
2Cited by5 opinions
- Block v. BlumAppellate Court of Illinois · 1889
- Doherty v. Schipper & Block, Inc.Appellate Court of Illinois · 1910
- Rehm v. HalversonAppellate Court of Illinois · 1901
- Whiton v. Chicago & N. W. R.U.S. Circuit Court for the District of Eastern Wisconsin · 1870
- Palmer v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1898