Comstock v. Brosseau
Illinois Supreme Court
Appeal from the Circuit Court of Kankakee county; the Hon. Charles H. Wood, Judge, presiding. This was an action of trespass, brought by the appellant, against Louis P. Brosseau, Joseph Zace and John B. Martin, for forcibly breaking and entering the mill claimed by the plaintiff. The plaintiff held the legal title to the premises, as security for moneys advanced by him for the real owners, Martin and others.
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Appeal from the Circuit Court of Kankakee county; the Hon. Charles H. Wood, Judge, presiding. This was an action of trespass, brought by the appellant, against Louis P. Brosseau, Joseph Zace and John B. Martin, for forcibly breaking and entering the mill claimed by the plaintiff. The plaintiff held the legal title to the premises, as security for moneys advanced by him for the real owners, Martin and others. Before the alleged trespass, the property, by an arrangement of the several parties in interest, was sold to John B. Martin and Louis P. Brosseau, for $9898.37, of which sum $4000 was…
1Opinion of the CourtJustice Scott
This was an action . of trespass, brought by the appellant, against the appellees, in the Kankakee circuit court.
The alleged trespasses consisted of breaking in a window and entering a mill, claimed, at the time, to be in the possession of the appellant, and in damaging personal property therein situated.
On the trial, the appellees were found not guilty. There can be no question the finding as to Martin was correct. Indeed no other verdict as to him, in any view, could be permitted to stand. He ivas not-present, and the weight of the evidence is that he neither advised nor encouraged the…
2Cases cited5 opinions
- Reeder v. PurdyIllinois Supreme Court · 1866
- Staley v. MurphyIllinois Supreme Court · 1868
- Jamison v. GrahamIllinois Supreme Court · 1870
- Smith v. SackettIllinois Supreme Court · 1854
- Ruffner v. McConnelIllinois Supreme Court · 1855
3Cited by13 opinions
- Checkley v. Illinois Central RailroadIllinois Supreme Court · 1913
- Miles v. HemenwayOregon Supreme Court · 1910
- Brown v. JurczakIllinois Supreme Court · 1947
- People ex rel. Brooks v. PetrieIllinois Supreme Court · 1901
- Krell v. CohenMichigan Supreme Court · 1921
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