Justice Detail

Adams et al. v. Smith

Smith sued Adams and others in an action of trespass quare clausum fregit for taking apple trees and other trees. Adams and others pleaded not guilty, justifying their actions under a justice of the peace execution. The court sustained the Smith's demurrer, leading to a trial where the jury found in favor of the Smith for $130. Adams and others appealed, claiming errors in sustaining the demurrer and overruling a motion for a new trial. The Illinois Supreme Court affirmed the judgment, stating that fruit trees are part of the freehold, correctly sustaining the demurrer and rejecting the claim on a new trial.

John Doe, ex dem. Ewing Wiley et al. v. Bean et al.

In the cases of Frazier v. Laughlin and Doe v. Bean, a motion was granted to amend bills of exceptions signed by former judges. The issue questioned if a judge out of office could seal a bill of exceptions. Citing statutes and precedent, the court emphasized the necessity of the judge's seal while in office. The dissenting opinion argued against allowing the motion. Motion to amend bills of exceptions allowed.

Illinois Report 6 Ill 302 is also part of this case.