Beach v. Miller
Appellate Court of Illinois
Appeal from the Circuit Court of Whiteside County; tlie Hon. John Y. Eustace, Judge, presiding. In 1881 The Rock River Packing Company was organized with a capital stock of 816,000, of which Joseph T. Miller, /appellee) subscribed and paid for 85,000, lie at the same time becoming a director of the corporation. ■ In 1881 the capital stock was increased to 825,000 of which said Miller took and paid for 82,800. The corporation soon after its organization provided itself with…
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Appeal from the Circuit Court of Whiteside County; tlie Hon. John Y. Eustace, Judge, presiding. In 1881 The Rock River Packing Company was organized with a capital stock of 816,000, of which Joseph T. Miller, /appellee) subscribed and paid for 85,000, lie at the same time becoming a director of the corporation. ■ In 1881 the capital stock was increased to 825,000 of which said Miller took and paid for 82,800. The corporation soon after its organization provided itself with an extensive factory and warehouse at Sterling, where it carried on the business of canning fruits, vegetables and meats.…
1Opinion of the CourtWelch, J.
This was an action of trespass with counts of quare clausum fregit and delonis asportatis joined. Plea of the general issue and special pleas of justification, to which replications were filed. Under the issues the appellee, to make out aprima facie case, was only required to prove that he was in possession of the premises and goods in question, claiming the same as owner, and that the appellants interfered therewith. The appellants were then obliged to show their authority to attack appellee’s possession, otherwise they would be left in the position of mere wrong-doers.
It is insisted by…
2Cases cited9 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Harts v. BrownIllinois Supreme Court · 1875
- Whitwell v. WarnerSupreme Court of Vermont · 1848
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