Collins and Collins v. Waggoner

Case # 8

Appellant/Plaintiff

Augustus Collins, Anson Collins

Appellee/Defendant

John Waggoner

Appellant/Plaintiff Attorneys

  • Henry Starr

Appellee/Defendant Attorneys

  • Theophilus W. Smith

County of Origin

Madison County

Justice

Justice Thomas Reynolds

Terms of Court

December 1822

Type of Case

Trespass Quare Clausum Fregit

Disposition

Reversed

Citation

1 Ill 51

Case Summary

Waggoner sued Collins and Collins in an action of trespass quare clausum fregit in the Madison County Circuit Court. The circuit court ruled for Waggoner. Waggoner cited an earlier justice of the peace case involving constable McMahon in his replication of this case. Collins and Collins appealed to the Illinois Supreme Court stating Waggoner's replication was in error by mentioning constable McMahon in his replication and not in his declaration. The Supreme Court reversed the circuit court's decision stating that if the replication departs from the declaration, it is in error.

Illinois Reports File