Smith v. Stevens
Illinois Supreme Court
Appeal from the Circuit Court of' Cook county; the Hon. Richabd S. Tuthill, Judge, presiding. This was a proceeding by scire facias, brought by Frank L. Stevens against Carter Smith, to revive a judgment in ejectment, and to obtain an order for a writ of possession.
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Appeal from the Circuit Court of' Cook county; the Hon. Richabd S. Tuthill, Judge, presiding. This was a proceeding by scire facias, brought by Frank L. Stevens against Carter Smith, to revive a judgment in ejectment, and to obtain an order for a writ of possession. The-material portions of the writ of scire facias are as follows: “Whereas Francis A. Stevens and Frank L. Stevens heretofore, in our Circuit Court of the said county of Cook, at the April term thereof in the year 18T6, to-wit, on the 20th day of April in the same year, by the consideration and judgment of the same court,…
1Opinion of the CourtJustice Bailey
The evidence shows that, on the 20th day of April, 1876, Francis A. Stevens and Frank L. Stevens recovered a judgment, in the Circuit Court of Cook county, in an action of ejectment, against Carter Smith, for the possession of the land in controversy in this suit.' Said judgment, which was read in evidence by the plaintiff in support of his scire facias, failed to specify the nature or extent of the estate claimed by the • plaintiffs in their declaration, or established by them at the trial, the terms of the judgment being merely that the plaintiffs recover of the defendant the possession of…
2Cases cited4 opinions
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- State Treasurer v. FosterSupreme Court of Vermont · 1835
- Hatch v. EustisU.S. Circuit Court for the District of Massachusetts · 1812
- Mapes v. ScottIllinois Supreme Court · 1880
3Cited by29 opinions
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- State Board of Equalization v. People ex rel. GogginIllinois Supreme Court · 1901
- Bank of Eau Claire v. ReedIllinois Supreme Court · 1908
- Bank of Edwardsville v. RaffaelleIllinois Supreme Court · 1942
- McCord v. Briggs & TurivasIllinois Supreme Court · 1930
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