Collins and Collins v. Waggoner

Case # 8

Appellant/Plaintiff

Augustus Collins, Anson Collins

Appellee/Defendant

John Waggoner

Appellant/Plaintiff Attorneys

  • Henry Starr

Appellee/Defendant Attorneys

  • Theophilus W. Smith

County of Origin

Madison County

Justice

Justice Thomas Reynolds

Terms of Court

December 1822

Type of Case

Not Listed

Disposition

Reversed

Citation

1 Ill 51

Case Summary

Waggoner sued Collins and Collins for trespass in Madison County Circuit Court who found in favor of Waggoner. Waggoner cited an earlier case in the Justice of the Peace involving Constable McMahon in his replication of this case. Collins appealed to the Supreme Court stating Waggoner's replication was in error by mentioning Constable McMahon in his replication and not in his declaration. The Supreme Court reversed the Circuit Court's decision stating that if the replication departs from the declation, it is in error.

Illinois Reports File