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22 Ill. 248

Comstock v. Ward

Illinois Supreme Court

Decided April 15, 1859

Illinois Supreme Court · decided 1859-04-15

This was an appeal from a justice, commenced November. 3rd, 1858. Justice’s transcript shows that suit was brought on book account for $100. Verdict in Circuit Court, $70, for plaintiff; motion for new trial overruled, and judgment upon the verdict. The suit was brought to recover for work and labor, wood, rails, posts, hay, and damages for the breach of a contract for letting forty acres of land by defendant to plaintiff.

Good law ✅— No negative treatment on recordhow we know

Decided 1859-04-15

How this case has been cited

Cited by 10 later decisions (1 by the Supreme Court) — most recently October 1914

9 state decisions

301859186018701880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Breese, J.

¶1This action was commenced before a justice, and tried on appeal de novo, in the Circuit Court. We are satisfied the contract proved was in relation to an interest in land, and was not to be performed within one year from the time of making it, and therefore the third instruction asked by the defendant should have been given, as it does substantially declare the law of the case.

¶2In a justice’s court, it is presumed the statute is pleaded.

¶3The judgment is reversed.

¶4Judgment reversed.

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