43 Ill. App. 465
Decided December 7, 1891
Appellate Court of Illinois · decided 1891-12-07
Frank Baker, Judge, presiding. On the 27th of July, 1885, appellee obtained before a justice of the peace a judgment against appellant in an action of forcible detainer. Appellant, on the 1st day of August, perfected an appeal to the County Court. On the 3d day of August appellee issued a distress warrant and appellant’s premises were entered and his goods seized thereunder. It was admitted that appellee obtained judgment against appellant in the distress proceedings.
Decided 1891-12-07
¶1The judgment in the distress proceedings, from which no appeal was taken, established the right of appellee to distrain; if appellant desired further to contest such right, he should have appealed from that judgment. As it is, the question raised in this case is res adjudicate/,, and the judgment of the Circuit Court must be affirmed.
¶2Judgment affirmed.