Mark v. Schumann Piano Co.
Appellate Court of Illinois
Forcible Detainer.—-Appeal from the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge presiding. Heard in this court at the March term, 1902.
1Opinion of the CourtJustice Adams
Appellee’s counsel relies solely on two contentions to defeat the action of the plaintiffs, appellants here : First, that the two suits in forcible detainer commenced before Justice Prindiville July 30, 19U1, should have been consolidated; and, second, that the commencement by appellants of a suit July 20, 1901, for the rent due July 1, 1901, was a waiver of all right of forfeiture for non-payment of the July rent, and a bar to the present suit; that the remedy by suit for the rent is inconsistent with the subsequent forcible detainer suit, and the plaintiffs having elected to pursue the…
2Cited by4 opinions
- Hurst v. DavisWyoming Supreme Court · 1963
- Geiger v. BrownAppellate Court of Illinois · 1912
- Sauvage v. Oscar W. Hedstrom Corp.Appellate Court of Illinois · 1944
- Funkhouser v. FrazierAppellate Court of Illinois · 1924