Matson v. Connelly
Illinois Supreme Court
This cause was originally commenced before a justice of the peace, being an action of a trespass to real estate, and was taken by appeal to the County Court of Peoria county. The jury found a verdict for the plaintiff below for nineteen dollars, which verdict is in the words and figures, to wit: John Connelly, \ vs. f JohiTa. Matson*.01*’ ) “We, the undersigned jurors, find for the plaintiff, and assess the damages at nineteen (19) dollars.”
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This cause was originally commenced before a justice of the peace, being an action of a trespass to real estate, and was taken by appeal to the County Court of Peoria county. The jury found a verdict for the plaintiff below for nineteen dollars, which verdict is in the words and figures, to wit: John Connelly, \ vs. f JohiTa. Matson*.01*’ ) “We, the undersigned jurors, find for the plaintiff, and assess the damages at nineteen (19) dollars.” Which verdict is signed by all the jurors. The defendants then entered a motion for a new trial, for the following reasons: Because the verdict is…
1Opinion of the CourtBeeese, J.
There was no necessity for amending this verdict in the court below. The defect is cured by our statute of amendments and jeofails.
Error having been joined, the motion to dismiss the appeal comes too late. It would have prevailed if made in the first instance, as the judgment does not amount to twenty dollars, exclusive of costs, nor does it relate to a franchise or freehold.
The judgment is affirmed.
Judgment affirmed.
2Cited by6 opinions
- City of Pekin v. WinkelIllinois Supreme Court · 1875
- Fread v. HoagAppellate Court of Illinois · 1907
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- Goodrich v. City of OmahaNebraska Supreme Court · 1881
- Kane v. PeopleAppellate Court of Illinois · 1883
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