Pitts v. Looby

Citations

• 142 Ill. 534
• 32 N.E. 519

Syllabus

<p>1. Justice of the peace — ;jurisdiction in an action for damages to real property. A justice of the peace has jurisdiction “in actions for damages to real property” when the claim does not exceed. $200. He has jurisdiction of an action for cutting down standing trees and carrying them away. Such a suit is brought only for the recovery for an injury to the possession.</p> <p>2. Appeals and wbits op errob — whether a freehold is involved. An action before a justice of the peace to recover damages to real property for the cutting down and carrying away of trees, where the plaintiff’s possession and title are denied and the defendant claims the land, incidentally involves a freehold. But no judgment can be rendered in such action that either party is possessed of a freehold, for the reason that the justice’s jurisdiction does not extend that far, but is limited to the damages to be recovered. It is different in trespass guare clausum fregit in the circuit court, and a trial is had on a plea of liberum tenementum.</p> <p>3. Same — freehold incidentally involved. Where a freehold is only incidentally involved in a case, an appeal from the circuit court is properly taken to the Appellate Court.</p>