Pearson v. Zehr
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Tazewell county; the Hon. N. W. Green, Judge, presiding. Christian Zehr brought an action of trespass quare clausum fregit against John M. Pearson and others, in the circuit court of Tazewell county, for breaking and entering his close, with force and arms, and killing certain horses and destroying certain harness of the plaintiff.
Read the full summary
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Tazewell county; the Hon. N. W. Green, Judge, presiding. Christian Zehr brought an action of trespass quare clausum fregit against John M. Pearson and others, in the circuit court of Tazewell county, for breaking and entering his close, with force and arms, and killing certain horses and destroying certain harness of the plaintiff. The defendants pleaded not guilty, and three special pleas, justifying as live stock commissioners, etc., and averring that they used no more force than…
1Opinion of the CourtJustice Scholfield
The substance of this record, as we understand it, may be briefly stated thus: An action of trespass qu. cl. is brought against the defendants for entering the plaintiff’s close, and with force and arms killing his horses and destroying his harness. The defendants justify under the statute creating the board of live stock commissioners. Plaintiff, in effect, replies that the breaking and entering and destruction of property by the defendants, of which he complains, are not such as are contemplated by that statute, but that they are acts done in excess of any authority it confers. The…
2Cases cited2 opinions
- Dickson v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1876
- Gross v. People ex rel. ChefferIllinois Supreme Court · 1880
3Cited by12 opinions
- Christy v. ElliottIllinois Supreme Court · 1905
- Chicago-Sandoval Coal Co. v. Industrial CommissionIllinois Supreme Court · 1922
- Village of Riverside v. KuhneIllinois Supreme Court · 1947
- People Ex Rel. Rexses v. CermakIllinois Supreme Court · 1925
- Stearns v. ReidyAppellate Court of Illinois · 1889
7 more not listed; retrieve them via the Exa API.