Legal Opinion

Todd v. Banning

Appellate Court of Illinois

Decided April 18, 1905No. Gen. No. 11,681PublishedCited by 1 opinion

Action commenced before justice of the peace. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding.

1Opinion of the CourtJustice Smith

The plaintiff (appellant) sued appellee to recover rent on a lease before a justice of the peace. The case was appealed to the Superior Court and on the trial in that court a verdict was rendered against the plaintiff, and judgment was rendered on the verdict.

The defense to the action was a surrender of the lease, agreed to by both parties.

In support of the motion for new trial, affidavits of several men were read, to the effect that the plaintiff was misled by conversations and by testimony before the justice of the peace to believe that the only defense claimed was the alleged failure to…

2Cases cited3 opinions

  1. Cogshall v. BeesleyIllinois Supreme Court · 1875
  2. Miner v. PhillipsIllinois Supreme Court · 1866
  3. Pennsylvania Co. v. BackesAppellate Court of Illinois · 1890

3Cited by1 opinion

  1. Mississippi Lime & Material Co. v. Alton & Eastern RailroadAppellate Court of Illinois · 1930

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