Legal Opinion

McWilliams v. Morgan

Illinois Supreme Court

Decided September 15, 1874PublishedCited by 8 opinions

Appeal from the Circuit Court of Livingston county; the Hon. Nathaniel J. Pillsbury, Judge, presiding.

1Opinion of the CourtJustice Breese

This was an action of trespass quare clausum fregit, brought to the Livingston Circuit Court, by Richard P. Morgan against David McWilliams. The pleas were, the general issue and the statute of limitations. To the latter plea there were two replications: first, that the plaintiff was enjoined by bill in chancery, filed by defendant, from commencing suit, for three years, concluding with an averment that the action did accrue within five years. The second replication was a general traverse of the plea.

At this stage of the proceeding there was a stipulation of the parties, that the defendant…

2Cases cited1 opinion

  1. Dean v. ComstockIllinois Supreme Court · 1863

3Cited by8 opinions

  1. Baltimore & Ohio Railroad v. BoydCourt of Appeals of Maryland · 1887
  2. United States v. BernardCourt of Appeals for the Ninth Circuit · 1913
  3. Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
  4. Western Book & Stationery Co. v. JevneIllinois Supreme Court · 1899
  5. City of New York v. FinkNew York Supreme Court · 1927

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