Green v. Buckingham

Appellate Court of Illinois

Green v. Buckingham

26 Ill. App. 240, 1887 Ill. App. LEXIS 231

DecidedNovember 18, 1887

StatusPublished

This text of 26 Ill. App. 240 (Green v. Buckingham) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Green v. Buckingham, 26 Ill. App. 240, 1887 Ill. App. LEXIS 231 (Ill. Ct. App. 1887).

Pincite

Opinion

Per Curiam.

This was an action of trespass against appellee for breaking and entering what was alleged to be appellant’s close and cutting down some willow trees therein. Fleas of not guilty, liberum tenementum and the Statute of Limitations were filed, and the verdict and judgment were for the defendant.

Some technical questions upon the pleadings and evidence are discussed in the briefs, but we do not consider them, for the reason that in our opinion the errors, if any there were, worked no injustice to the appellant, and the verdict, upon all the evidence properly admitted, was clearly right.

The loom in quo was the property of appellee, who had licensed appellant to inclose it with his land to enable him to make a firmer fence, but expressly reserved the right to the willows and to take them as he did. TTnder'no proper rulings in the case upon the pleadings could appellant have rightfully recovered more than nominal damages.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

This was an action of trespass against appellee for breaking and entering what was alleged to be appellant’s close and cutting down some willow trees therein. Fleas of not guilty, liberum tenementum and the Statute of Limitations were filed, and the verdict and judgment were for the defendant.

Some technical questions upon the pleadings and evidence are discussed in the briefs, but we do not consider them, for the reason that in our opinion the errors, if any there were, worked no injustice to the appellant, and the verdict, upon all the evidence properly admitted, was clearly right.

The loom in quo was the property of appellee, who had licensed appellant to inclose it with his land to enable him to make a firmer fence, but expressly reserved the right to the willows and to take them as he did. TTnder'no proper rulings in the case upon the pleadings could appellant have rightfully recovered more than nominal damages.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

26 Ill. App. 240, 1887 Ill. App. LEXIS 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-buckingham-illappct-1887.