Mann v. Brady

Citations

• 67 Ill. 95

Syllabus

<p>1. Forcible entry and detainer—possession, necessary at time of entry. In order to recover in an action of forcible entry and detainer, the plaintiff must prove actual possession of the premises by him at the time of the alleged forcible entry.</p> <p>2. If the plaintiff has leased the premises to a tenant, who is in actual possession at the time of a forcible entry thereon by another, the plaintiff can not maintain the action.</p> <p>3. Errors—when immaterial. Where a plaintiff wholly fails to show any cause of action, an assignment of error that the court admitted improper evidence for the defendant, and misdirected the jury in the instructions, and erred in overruling a motion for a new trial, will be immaterial.</p>