City of Alton v. Fishback

This is an action of trespass brought by Mrs. Ottillia H. Fishback in the Madison circuit court, against the city of Alton. The injury complained of is the tearing down and removal of her fence, destroying trees and digging up her grounds. A trial was had by jury upon the pleas of not guilty and liberum tenementum, resulting in a judgment for the plaintiff for $100 and costs of suit. To reverse that judgment this writ of error is prosecuted.

There is no substantial controversy between the parties as to the facts. The plaintiff is the owner of lands bordering on the east side of Washington…