Justice Theophilus W. Smith

  • Born:
    September 28, 1784 in New York, NY
  • Illinois Supreme Court Justice:
    1825-1842
  • Succeeded:
    Thomas Reynolds
  • Succeeded by:
    Richard M. Young
  • Represented:
    4th Circuit (1827-1834), 7th Circuit (1827-1834)
  • Political Party
    Democrat
  • Other Political Offices:

    Illinois State Senate (1822-1825)

  • Died:
    May 6, 1845 in Chicago, IL
  • Buried:
    Rosehill Cemetery, Chicago, IL (previously interred at City Cemetery)
  • Notes:
    Portrait courtesy of the Illinois Supreme Court

Images

  • smith-lg
  • sig-smith

Cases

Hargrave v. Bank of Illinois

Not Listed



Browder v. Johnson

Not Listed



Chandler v. Gay

Not Listed



Gregg v. James and Philips

Not Listed

County

Monroe County


Morgan v. Hays

Not Listed



Nomaque v. People

Not Listed

County

Peoria County


Wright v. People

Not Listed



Bond and Menard v. Betts

Not Listed



Randolph County v. Jones

Jones had agreed to pay $125 to Randolph County help build a court house. Jones failed to pay, and Randolph County sued him in an action of trespass on the case. The jury found for Randolph County for $125. The parties agreed to take the case to the Supreme Court to answer the question whether the case can proceed. The Supreme Court decided that the case cannot proceed.



Curtis v. Swearingen

Swearingen claimed Curtis broke a lock at Swearingen's grist mill and cut down a number of trees. Swearingen sued Curtis in the Clinton County Circuit Court in an action of trespass quare clausum fregit requesting $1,000 in damages. Curtis claimed ownership of the land through a judicial sale. The jury found for Swearingen and $300 in damages. Curtis appealed to the Illinois Supreme Court. The Court affirmed the judgment because the judicial sale deed was apparently never executed, therefore, Curtis had trespassed on the land.