Legal Opinion

Kenyon v. Manley

Appellate Court of Illinois

Decided March 23, 1906No. Gen. No. 12,285PublishedCited by 2 opinions

Forcible entry and detainer proceeding. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. Appellee brought an action of forcible detainer against appellant before Justice Everett.

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Forcible entry and detainer proceeding. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. Appellee brought an action of forcible detainer against appellant before Justice Everett. Justice Everett being unable to attend at the trial, requested Justice Martin to hear the case for him, and Justice Martin heard the case, rendered a judgment for the plaintiff, and the defendant appealed to the Superior Court. The transcript of the judgment filed in the Superior-Court was…

1Opinion of the CourtJustice Baker

It is contended by appellant that the Superior Court had not jurisdiction of the subject-matter of the suit because the transcript of the judgment of the justice of the peace was certified by Justice Everett, the justice before whom the action was pending, and not by Justice Martin, the justice who heard the cause and rendered the judgment. The statute provides that in case one justice hears a cause at the request of the justice before whom the cause is pending, that he shall “hear the cause instead and in behalf of the justice calling him; and the judgment so entered shall have the…

2Cases cited4 opinions

  1. Alschuler v. SchiffIllinois Supreme Court · 1896
  2. Espen v. HinchliffeIllinois Supreme Court · 1890
  3. Belinski v. BrandAppellate Court of Illinois · 1898
  4. Hanchett v. WilliamsAppellate Court of Illinois · 1887

3Cited by2 opinions

  1. Clark v. StevensAppellate Court of Illinois · 1921
  2. Krasa v. United States Brewing Co.Appellate Court of Illinois · 1914

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