Legal Opinion

Barker v. Smith

Appellate Court of Illinois

Decided September 9, 1904Published

Action commenced before justice of the peace. Appeal from the County Court of Hamilton County; the Hon. Charles B. Thomas, Judge, presiding. Heard in this court at the February term, 1904.

1Opinion of the CourtJustice Higbee

This was a trial of the rights of property originating before a justice of the peace of Hamilton county. There was a judgment before the justice in favor of appellee and an appeal taken by the appellant here, to the County Court. That court, upon motion of appellee, dismissed the appeal and appellant brought the case to this court, where the judgment of the County Court was reversed and the cause remanded. Barker v. Smith, 90 Ill. App. 595. The case was afterwards tried upon its merits before a jury in the County Court and the result was again favorable to appellee. A careful examination of…

2Cases cited7 opinions

  1. Ditch v. SennottIllinois Supreme Court · 1886
  2. Davis v. LangIllinois Supreme Court · 1894
  3. Jesse French Piano & Organ Co. v. MeehanAppellate Court of Illinois · 1898
  4. Ætna Life Insurance v. SanfordIllinois Supreme Court · 1902
  5. Barker v. SmithAppellate Court of Illinois · 1900

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