Phillips v. City of Springfield

Citations

• 39 Ill. 83

Syllabus

<p>1. Ihtrtjdeb—may be ejected by the party in possession. Where one is in the lawful possession of premises, he has a right to eject an intruder thereon, using no unnecessary force in so doing.</p> <p>2. City op Springfield—ordinance against fighting, etc. The ejecting of an intruder from premises by one who is in the lawful possession thereof, without using unnecessary force, is not within the spirit of the ordinance of the city of Springfield, which prescribes a penalty against any person “ who shall assault, strike or fight another, or shall be guilty of any misconduct calculated to provoke a breach of the peace.”</p> <p>3. Homestead—abandonment—conveyance by the husband. Where the owner of a homestead moves off the premises, with his family, to a farm belonging to another person, and subsequently the husband alone conveyed away the hoipestead, this was held such an abandonment as destroyed the homestead right.</p> <p>4. Same—cannot be claimed by the wife in the life-time of the husband. In this case, the wife voluntarily abandoned her husband while they were living on the farm, and intruded upon the possession of his grantee in their former homestead, insisting she still had a homestead right therein. But it was held that, during the life-time of the husband, no claim to a homestead could exist in her. His domicile, in law, was hers.</p>