Moses v. Loomis
Appellate Court of Illinois
Memorandum.—Forcible detainer. In the Circuit Court of Cook County, on appeal from justice’s court; the Hon. Francis Adams, Judge, presiding. Trial by jury; verdict of not guilty; appeal by plaintiff. Heard in this court at the October term, 1894, and affirmed.
1Opinion of the CourtJustice Gary
delivebed the opimioh of the Coubt.
It is probable that D. J. Loomis and E. W. Stevens were tenants of two stores under the appellant, and had sublet a part of the premises to E. S. Hopkins.
The appellant sued the three in forcible detainer, his complaint being that Loomis and Stevens had cut away some joists, which act gave him the right to re-enter.
Upon such a case there can be no claim that Hopkins is liable in this action, as it is not pretended that any notice to quit was given to him. Sub-tenants can not be put out by proceedings against the original tenant only. Leindecker v. Waldron, 52…
2Cases cited5 opinions
- Bishop v. BusseIllinois Supreme Court · 1873
- Leindecker v. WaldronIllinois Supreme Court · 1869
- Baltimore & Ohio & Chicago Railroad v. Illinois Central RailroadIllinois Supreme Court · 1891
- Charles v. RemickAppellate Court of Illinois · 1893
- Spangenberg v. CharlesAppellate Court of Illinois · 1892
3Cited by2 opinions
- Belvidere Gaslight & Fuel Co. v. JacksonAppellate Court of Illinois · 1899
- Mills v. ReigerAppellate Court of Illinois · 1946