West Chicago Street Railroad v. Morrison, Adams & Allen Co.

Appellate Court of Illinois

West Chicago Street Railroad v. Morrison, Adams & Allen Co.

54 Ill. App. 556, 1894 Ill. App. LEXIS 162

Appellate Court of Illinois·Decided July 2, 1894·Published·Cited by 4 cases

Opinion

Mr. Presiding Justice Shepard

delivered the opinion of the Court.

This was an action of trespass quare clausum fregit, brought by the appellee against the appellants, for the forcible breaking into appellee’s business house and expelling it therefrom.

Among other pleas filed to the declaration was one of lilerum tenementum, and to such plea the appellee replied specially, that the premises were not the close and freehold of the appellants.

“ The plea of lilerum tenementum necessarily, where, as here, it is directly put in issue by the replication, involves a freehold.” Piper v. Connelly, 108 Ill. 646; Sanford v. Kane, 127 Ill. 591; Town of Brushy Mound v. McClintock, 146 Ill. 643; Pratt v. Kendig, 30 Ill. App. 281.

Therefore this court has no jurisdiction of this appeal, and it will be dismissed.

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Mr. Presiding Justice Shepard

delivered the opinion of the Court.

This was an action of trespass quare clausum fregit, brought by the appellee against the appellants, for the forcible breaking into appellee’s business house and expelling it therefrom.

Among other pleas filed to the declaration was one of lilerum tenementum, and to such plea the appellee replied specially, that the premises were not the close and freehold of the appellants.

“ The plea of lilerum tenementum necessarily, where, as here, it is directly put in issue by the replication, involves a freehold.” Piper v. Connelly, 108 Ill. 646; Sanford v. Kane, 127 Ill. 591; Town of Brushy Mound v. McClintock, 146 Ill. 643; Pratt v. Kendig, 30 Ill. App. 281.

Therefore this court has no jurisdiction of this appeal, and it will be dismissed.

West Chicago Street Railroad v. Morrison, Adams & Allen Co., 54 Ill. App. 556, 1894 Ill. App. LEXIS 162 (Ill. Ct. App. 1894).

Pincite

54 Ill. App. 556 (West Chicago Street Railroad v. Morrison, Adams & Allen Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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