# Asay v. Sparr

> Illinois Supreme Court · April 15, 1861 · 26 Ill. 115

URL: https://www.frixlaw.com/law-library/cases/6950276

## Case

- **Full name:** Edward G. Asay v. John H. Sparr
- **Court:** Illinois Supreme Court
- **Decided:** April 15, 1861
- **Citations:** 26 Ill. 115
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Breese
- **Judges:** Breese
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6950276

## Opinion text

Breese, J. The amount claimed by the landlord in the distress warrant, fixes the limit of his recovery. He is not authorized to seize property and sell it to a greater amount than that stated in the warrant, and to sustain the warrant, he must show on trial that he was entitled to as much rent as is specified in the warrant, and no more. The tenant can reduce the amount by proving payment of part. The landlord is strictly confined to the claim he makes in the distress warrant. That warrant is of the nature of a summons and declaration, and there is no rule better settled, than that it is error to render judgment for a larger sum than that claimed in the declaration, whatever may be the form of action. Brown v. Smith, 24 Ill. 197 ; Wolcott v. Holcomb, ib. 331.
The judgment of the court below is reversed, and the cause remanded.1 Judgment reversed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6950276. Public record. Not legal advice.