Hinchliffe v. Espen

Appellate Court of Illinois

Hinchliffe v. Espen

30 Ill. App. 371, 1888 Ill. App. LEXIS 303

CourtAppellate Court of Illinois

DecidedMarch 13, 1889

StatusPublished

Cited by1 cases

This text of 30 Ill. App. 371 (Hinchliffe v. Espen) 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

Hinchliffe v. Espen, 30 Ill. App. 371, 1888 Ill. App. LEXIS 303 (Ill. Ct. App. 1889).

Pincite

Opinion

Gary, J.

This was an action for a forcible detainer by appellees, in which the appellant was joined with his sub-tenants, who were in possession, under Sec. 15 of the act of 1874.

This section does not warrant a judgment against the original tenant, out of possession when the suit was begun. The judgment is required to be according as their actual holdings shall be found to be.

There is some ambiguity in the section, but language unequivocal would be necessary to make a party guilty of forcibly detaining what he did not hold at all. Godard v. Lieberman, 18 Ill. App. 366.

Judgment reversed.

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