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26 Ill. App. 240

Green v. Buckingham

Appellate Court of Illinois

Decided November 18, 1887

Appellate Court of Illinois · decided 1887-11-18

<p>Trespass—Evidence—Error ivithout Prejudice.</p> <p>• In an action of trespass, it is held: That upon the evidence properly admitted the verdict for the defendant was clearly right; and that (he errors, if any, in the rulings of the court below, worked no injustice to the appellant.</p>

Decided 1887-11-18

Per Curiam.

¶1This was an action of trespass against appellee for breaking and entering what was alleged to be appellant’s close and cutting down some willow trees therein. Fleas of not guilty, liberum tenementum and the Statute of Limitations were filed, and the verdict and judgment were for the defendant.

¶2Some technical questions upon the pleadings and evidence are discussed in the briefs, but we do not consider them, for the reason that in our opinion the errors, if any there were, worked no injustice to the appellant, and the verdict, upon all the evidence properly admitted, was clearly right.

¶3The loom in quo was the property of appellee, who had licensed appellant to inclose it with his land to enable him to make a firmer fence, but expressly reserved the right to the willows and to take them as he did. TTnder'no proper rulings in the case upon the pleadings could appellant have rightfully recovered more than nominal damages.

¶4Judgment affirmed.

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