Marshall v. Eggleston
Appellate Court of Illinois
Trespass.—Trial in the Circuit Court of Cook County; the Hon, Elbeidge Hanecy, Judge, presiding. Finding and judgment for defendants; appeal by plaintiff. Heard in this court at the October term, 1898.
1Opinion of the Court
Mr. Presiding Justice Windes
delivered the opinion of. the court.
Appellees claim the judgment is light. First, because they were dismissed out of the ejectment suit; second, that they had nothing to do in any way with the original trespass, and did no injury to the land; third, appellant’s agent saw appellees pay their money, made no protest, and gave no notice they would be held by appellant; fourth, that the damage is only nominal under the evidence; and, fifth, Woodbury can not be held, because he only acted as attorney.
The first contention, is not tenable. Appellant was not bound to…
2Cases cited5 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Schreiber v. Chicago & Evanston RailroadIllinois Supreme Court · 1885
- Smith v. WunderlichIllinois Supreme Court · 1873
- Ellis v. SissonIllinois Supreme Court · 1880
- Yates v. SmithAppellate Court of Illinois · 1882
3Cited by3 opinions
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- Chattahoochee Brick Co. v. GoingsSupreme Court of Georgia · 1910
- Duncan v. JourneyAppellate Court of Illinois · 1907