Ballard v. McCarty
Illinois Supreme Court
This was an action commenced by appellant against appellee, before a justice of the peace in Jo Daviess county. A judgment was obtained before the justice of the peace by appellant, for fifteen dollars. An appeal was prayed by appellee to the Jo Daviess County Court. On motion of appellee, Hugh T. Dickey, Judge, presiding, the Court dismissed the appeal, for the want of jurisdiction in the justice of the peace.
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This was an action commenced by appellant against appellee, before a justice of the peace in Jo Daviess county. A judgment was obtained before the justice of the peace by appellant, for fifteen dollars. An appeal was prayed by appellee to the Jo Daviess County Court. On motion of appellee, Hugh T. Dickey, Judge, presiding, the Court dismissed the appeal, for the want of jurisdiction in the justice of the peace. Ballard appealed from the decision of the Jo Daviess County Court.
1Opinion of the Court
Opinion by Treat, C. J.:
This action was commenced before a justice of the peace. The writ required the defendant to “ answer the complaint of Elizabeth Ballard, for trespass and damages, by entering and driving the stock of the plaintiff out of a certain field or farm, which the said plaintiff rented of the said defendant.” The defendant filed an affidavit for a change of venue, in which he described the suit as an action of trespass to personal property. The suit was so entered on the docket of the justice who tried the case. A trial resulted in a judgment for the plaintiff for fifteen…
2Cited by3 opinions
- Doherty v. Schipper & Block, Inc.Appellate Court of Illinois · 1910
- Ohio & Mississippi Railroad v. McCutchinIllinois Supreme Court · 1861
- Marshall v. PopeIllinois Supreme Court · 1862