Legal Opinion
Birket v. Williams
Appellate Court of Illinois
Decided December 8, 1888PublishedCited by 3 opinions
Appeal from the County Court of Peoria County; the Hon. Lawrence W. James, Judge, presiding.
1Opinion of the CourtLacey, P. J.
This was a suit in trespass quare clausum fregit by appellee against appellant, and the second count for trespass of defendant’s cattle pasturing on the lands of appellee and destroying his nursery trees.
There was a plea of the general issue and plea to the second count that the said close was not fenced by a good and sufficient fence, to which latter plea the court below sustained a demurrer, and appellant abided his plea.
This demurrer was properly sustained, for the reason that Sec. 1, Chap. 8, R. S. 1874, which was in force in Peoria county, practically re-enacts the common law upon the…
2Cases cited5 opinions
- D'Arcy v. MillerIllinois Supreme Court · 1877
- Kinder v. GillespieIllinois Supreme Court · 1872
- Town of Collinsville v. ScanlandIllinois Supreme Court · 1871
- Stoner v. ShugartIllinois Supreme Court · 1867
- Lee v. BurkAppellate Court of Illinois · 1885
3Cited by3 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Dwight v. Elmira, Cortland and Northern RailroadNew York Court of Appeals · 1892
- Lorance v. HillyerNebraska Supreme Court · 1898