Seeley v. Peters
Illinois Supreme Court
Trespass, originally brought before a justice of the peace of Peoria county by the defendant in error against the plaintiff in error, by whom a judgment for costs was. rendered against the plaintiff.
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Trespass, originally brought before a justice of the peace of Peoria county by the defendant in error against the plaintiff in error, by whom a judgment for costs was. rendered against the plaintiff. An appeal was taken to the Circuit Court, where the cause was tried before the Hon. John D. Catón and a jury at the May" term, 1847, and a verdict and judgment rendered for the plaintiff for $4-10. The material facts, and the instruction of the Court excepted to, will be found in the Opinion of this Court.
1Opinion of the Court
The Opinion of the Court was delivered by
Trumbull, J;
This was an action of trespass to personal property, originally commenced by Peters against Seeley before a justice of the peace, and taken by appeal to the Circuit Court.
Upon the trial in the Circuit Court before a jury, Peters “proved that Seeley’s hogs had damaged certain wheat in shock in a field belonging to him and closed.” “The deferid ant (Seeley) then proved that the north side of said field, where the hogs got in, was so badly fenced that hogs which were not breachy could go in and out at pleasure, and that said fence was entirely…
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