Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 207

Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 207

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...of their respective rights to a recovery for damages sustained by them as a result of Lake Shore Building C0. v. City of Chicago, 207 Ill. App. 244. the said trespass, and plaintifi makes the point that, because the said trespass was concealed from it, such damages may now be recovered in this suit by virtue of the said assignments. The foundation of the right to bring an action of trespass quare claiusum fregit is the invasion or the disturbance of 'the plaintifl"'s possession. The action is personal and hence unassignable. Chicago (1% A. R. C0. '0. Maher, 91 Ill. 312; Galt '0. Chicago cfi N. W. Ry. Co., 157 Ill. 125. We conclude, therefore, that the trespass complained of is a continuing one, for which damages may be recovered by the present owner of the premises; that notwithstanding defendant's pleas to the first three counts of the declaration, plaintifi was entitled to a recovery thereunder; that although the last three counts fail to limit plaintiif 's right to recover damages to the proper period and seek to recover future dam-. ages as well, yet such impropriety cannot properly be reached by a general demurrer; and that hence the trial court erred in sustaining defendant 's demurrer to the last three counts of the declaration and in entering judgment for the defendant. Accordingly the judgment will be reversed and the cause remanded. Reizersed and remanded. The People of the State of Illinois, Defendant in, Error, v. Tony Augustine, Plaintifl' in Error. Gen. No. 23,092. (Not to be reported in full.) Error to the Criminal Court of Cook county; the Hon. Gnoxon F. BARB.E'1'l', Judge, presiding. Heard in the Branch Appellate Court at the March term, 1917. Reversed. Opinion filed July 19, ...
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Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236760921
  • 9781236760920