D'Arcy v. Miller
Illinois Supreme Court
Appeal from the Circuit Court of Will County; the Hon. Josiah McEoberts, Judge, presiding. This was an action of trespass, originally brought before a justice of the peace, by William Miller against John D’Arcy, and taken by appeal to the circuit court, where a trial was had, resulting in a judgment in favor of the plaintiff for $76.
1Opinion of the Court
■ Mr. Justice Craig
delivered the opinion of the Court:
This was an action brought to recover damages for certain crops destroyed, in the years 1873 and 1874, by the hogs of appellant. The parties occupy adjoining farms, ■divided by a line fence. Appellant’s hogs passed through this fence and did the damage complained of. The testimony is ample to establish the fact that the hogs were in the possession and control of appellant at the time the damages were sustained. From the proof, he had them in charge, claiming to own them, when a portion of the hogs were shut up by appellee. Appellant filed…
2Cases cited3 opinions
- McCormick v. TateIllinois Supreme Court · 1858
- Shepherd v. HeesNew York Supreme Court · 1815
- Ozburn v. AdamsIllinois Supreme Court · 1873
3Cited by14 opinions
- Conklin v. NewmanIllinois Supreme Court · 1917
- O'Riley v. DissMissouri Court of Appeals · 1890
- Osgood v. NamesSupreme Court of Iowa · 1921
- Matthews v. McVayMissouri Court of Appeals · 1950
- Hopkins v. OttMissouri Court of Appeals · 1894
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