Sturman v. Colon

Citations

• 48 Ill. 463

Syllabus

<p>1. Trespass—plea—general issue. Where a plea to an action of quare clausum fregit set up that the defendant’s cattle were free commoners on unenclosed land adjoining the locus in quo, and that the fences around plaintiff’s premises were insufficient to turn ordinary stock, by reason of which the supposed trespasses were committed: Held, That it was error in the circuit court to sustain a demurrer to the plea on the ground that it amounted to the general issue. Such a defense, in such an action, must be specially pleaded.</p> <p>2. Same—when the action is local. An action for trespass to real estate is local, and the trespass must be proved to have been committed at the place where laid in the declaration. But it seems that such proof need not be strict. Any evidence from which it may be reasonably inferred will suffice.</p>