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35 Ill. 166

Hough v. Hoodless

Illinois Supreme Court

Decided April 15, 1864

Illinois Supreme Court · decided 1864-04-15

E. S. Williams, Judge, presiding. This was a suit originally brought before a justice of the peace in Cook county, by William R. Hoodless against Rosell M. Hough, to recover damages resulting from the destruction of a building in the possession of the plaintiff, and owned by him, by a body of soldiers acting under the orders of the defendant as their commanding officer.

Cited by 1 later decisions — most recently November 1883

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1864-04-15

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Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2This was an action brought before a justice of the peace of Cook county, and taken by appeal to the Circuit Court, where a verdict and judgment were had by the plaintiff against the defendant, who brings the case here by appeal.

¶3The evidence shows conclusively that the plaintiff was in possession of this property at the time the trespass was committed. That he hauled the materials to the lot and erected the building. It is proved the premises were beyond the military lines marked out for Camp Douglas, and that the property was destroyed by order of the defendant. The evidence seems to make a case of causeless and willful destruction, as the building was light and could have been easily moved on rollers. Ho justification of any kind whatever is shown or attempted to be set up.

¶4The judgment must be affirmed.

¶5Judgment affirmed.

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