28 Ill. 179
Decided April 15, 1862
Illinois Supreme Court · decided 1862-04-15
This was a complaint for forcible detainer, brought by ap pellant before a justice in Tazewell county, for lots five and six in the division of the estate of Isaac Perkins, deceased, in the west half of Section 1, Town 28 north, of Range 5 west of third principal meridian, in said county, and taken by appeal to the Circuit Court of Tazewell, and at the February term, 1862, tried before Harriott, Judge, without a jury, and a judgment rendered for appellee.
Good law ✅— No negative treatment on recordhow we know
Decided 1862-04-15
Cited by 7 later decisions — most recently June 1934
7 state decisions
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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¶1There was no jurisdiction in the justice of the peace in this cause to evict the party. That could only be done by an action of ejectment. One of two things must exist to give jurisdiction in an action of forcible entry and detainer, or forcible detainer. There must be either a forcible entry, or the relation of landlord and tenant must exist. Neither is shown to exist in this case.
¶2The judgment must be affirmed.
¶3Judgment affirmed.