Goldstein v. Miller
Appellate Court of Illinois
Trespass, de bonis asportatis.—Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in this court at the March term, 1900. Statement.—This suit was brought by appellee in trespass quare clausum fregit and de bonis asportatis. Appellants pleaded the general issue only.
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Trespass, de bonis asportatis.—Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in this court at the March term, 1900. Statement.—This suit was brought by appellee in trespass quare clausum fregit and de bonis asportatis. Appellants pleaded the general issue only. The undisputed facts are that appellee was a tenant of appellant Goldstein; that she was indebted to him for $20 rent due; that appellant Adams, with others not impleaded, went into the leasehold premises occupied by appellee and levied a distress warrant upon certain of her household…
1Opinion of the CourtJustice Sears
The plea of appellants being only the general issue, the defense, by justifying under the distress warrant, was not available as a bar to the action. But the difficulty is that it is only through this evidence of the distress warrant that appellant Goldstein is in any way connected with the action of Adams and others which are alleged to have constituted the trespass. If the distress warrant and the proceedings thereunder be relied upon to show the connection of appellant Goldstein with the levy, they also show that Goldstein was, in executing the warrant and authorizing a levy, proceeding…
2Cases cited5 opinions
- Rosenkrans v. Barker.Illinois Supreme Court · 1885
- Grund v. Van VleckIllinois Supreme Court · 1873
- Pardridge v. BradyAppellate Court of Illinois · 1881
- Leiter v. DayAppellate Court of Illinois · 1890
- Douglas v. HoffmanAppellate Court of Illinois · 1897