Clifford v. Town of Eagle
Illinois Supreme Court
Appeal from the County Court of La Salle county; the Hon. P. K. Lelaed, Judge, presiding. This was an action of deht, originally commenced before a justice of the peace in La Salle county, by the town of Eagle against Thomas Clifford, for an alleged obstruction of a public highway. The cause was removed into the County Court by appeal. At the December Term of that court, 1863, the defendant appeared in the cause and moved for a continuance, which was allowed.
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Appeal from the County Court of La Salle county; the Hon. P. K. Lelaed, Judge, presiding. This was an action of deht, originally commenced before a justice of the peace in La Salle county, by the town of Eagle against Thomas Clifford, for an alleged obstruction of a public highway. The cause was removed into the County Court by appeal. At the December Term of that court, 1863, the defendant appeared in the cause and moved for a continuance, which was allowed. At the March Term following, the defendant entered his motion to dismiss the suit for the want of a complaint. The court overruled the…
1Opinion of the CourtJustice Breese
The appellant was sued before a justice of the peace of La Salle county, in an action of debt for obstructing a public highway, and a judgment rendered against him, from which he appealed to the County Court.
After moving for and obtaining a continuance of the cause, at the next term the appellant moved to dismiss the cause for want of a complaint in writing filed.
If this was a case in which a written complaint on oath was necessary, the appellant waived it by appearing in the cause and moving for a continuance. The motion to dismiss being of a dilatory character, should have been entered at…
2Cases cited1 opinion
- Town v. Town of BlackberryIllinois Supreme Court · 1862
3Cited by3 opinions
- Leiferman v. OstenIllinois Supreme Court · 1897
- Town of Canoe Creek v. McEniryAppellate Court of Illinois · 1886
- Greenys v. JonalisAppellate Court of Illinois · 1927