Steiner v. Priddy
Illinois Supreme Court
This was a complaint for forcible detainer, brought by ap pellant before a justice in Tazewell county, for lots five and six in the division of the estate of Isaac Perkins, deceased, in the west half of Section 1, Town 28 north, of Range 5 west of third principal meridian, in said county, and taken by appeal to the Circuit Court of Tazewell, and at the February term, 1862, tried before Harriott, Judge, without a jury, and a judgment rendered for appellee.
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This was a complaint for forcible detainer, brought by ap pellant before a justice in Tazewell county, for lots five and six in the division of the estate of Isaac Perkins, deceased, in the west half of Section 1, Town 28 north, of Range 5 west of third principal meridian, in said county, and taken by appeal to the Circuit Court of Tazewell, and at the February term, 1862, tried before Harriott, Judge, without a jury, and a judgment rendered for appellee. The complaint sets out that at the February term, 1860, of the Tazewell Circuit Court, one Jesse Fisher obtained a judgment against…
1Opinion of the Court
Catón, O. J.
There was no jurisdiction in the justice of the peace in this cause to evict the party. That could only be done by an action of ejectment. One of two things must exist to give jurisdiction in an action of forcible entry and detainer, or forcible detainer. There must be either a forcible entry, or the relation of landlord and tenant must exist. Neither is shown to exist in this case.
The judgment must be affirmed.
Judgment affirmed.
2Cited by7 opinions
- Jackson v. WarrenIllinois Supreme Court · 1863
- Fitzgerald v. QuinnIllinois Supreme Court · 1896
- Burns v. NashAppellate Court of Illinois · 1887
- Haskins v. HaskinsIllinois Supreme Court · 1873
- Cook v. NortonIllinois Supreme Court · 1868
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