Peck v. Herrington

Illinois Supreme Court

Peck v. Herrington

104 Ill. 88

CourtIllinois Supreme Court

DecidedSeptember 15, 1882

StatusPublished

Cited by1 cases

This text of 104 Ill. 88 (Peck v. Herrington) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peck v. Herrington, 104 Ill. 88 (Ill. 1882).

Pincite

Opinion

Mulkey, J.:

This was not a suit for the recovery of money, but simply to restrain a person from inflicting a threatened injury on the appellee’s land. It does not fall within the category of any of those cases in which a right of appeal is made to depend upon the amount in controversy. The ease falls within the residuary clause of the 8th section of the Appellate Court act, (Sess. Laws 1877, 70,) which gives the right of appeal from the Appellate Court to this court “in all other cases” not embraced in the enumeration in the preceding part of that section. We think the appeal will lie.

Motion denied.

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Mulkey, J.:

This was not a suit for the recovery of money, but simply to restrain a person from inflicting a threatened injury on the appellee’s land. It does not fall within the category of any of those cases in which a right of appeal is made to depend upon the amount in controversy. The ease falls within the residuary clause of the 8th section of the Appellate Court act, (Sess. Laws 1877, 70,) which gives the right of appeal from the Appellate Court to this court “in all other cases” not embraced in the enumeration in the preceding part of that section. We think the appeal will lie.

Motion denied.

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Bluebook (online)

104 Ill. 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peck-v-herrington-ill-1882.

Opinion

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