Smith v. People

Citations

• 99 Ill. 445
• 1881 Ill. LEXIS 193

Syllabus

<p>1. Criminal law — resisting an officer. If an officer in attempting to execute process shall exceed the power conferred by the writ, he will be liable as a trespasser, but this will not authorize the defendant to resort to personal violence against the officer while so endeavoring to exceed his authority, unless to protect his own person from violence and injury.</p> <p>2. In this case, a writ of possession was awarded against the defendant in an action of forcible detainer, and placed in the hands of an officer to execute. In attempting to execute the writ the officer sought to deliver an article of property not embraced in the writ, and to that end commenced to remove a fence so as to be able to seize and deliver the property to the plaintiff. The defendant, who wras present, insisted the officer was exceeding his powers, and replaced the fence as the officer was removing it, and continued to do so until the officer desisted, but he used no violence against the officer, nor menaces, and made no threats, — simply preventing the officer from breaking the fence to seize property he had no right to seize: Feld, the whole case considered, it was not one of resisting an officer, within the meaning of the statute.</p> <p>3. Judgment — in forcible detainer — on dismissal of appeal in the circuit court. In forcible detainer before a justice of the peace, judgment was rendered against the defendant, who thereupon appealed to the circuit court, but after-wards, without a trial, dismissed his appeal. The circuit court thereupon rendered judgment that the plaintiff in the action recover possession, and awarded a writ of possession. On objection that the dismissal of the appeal operated to remand the cause to the justice, and thecircuit'court had no power to render the judgment it did, it was held, the circuit court having jurisdiction of the subject matter and of the parties, had jurisdiction to render judgment in the case, and whether erroneous or not, the judgment was not