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

  • sig-smith
  • smith-lg

Cases

Greenup and Conway v. Woodworth



Hunter et al. v. People

County

Edgar County


Lawrence and Donovon v. People

County

Cook County


Linn v. Buckingham and Huntington



People ex rel. Harris v. Taylor

County



Taylor and Park v. Kennedy

Kennedy sued Constable Taylor to recover the penalty debt on a security bond for Taylor failing to perform his duties as constable. The circuit court ruled for Kennedy and Taylor and his bond's security Parker appealed to the Illinois Supreme Court. The judgment below was reversed because the declaration failed to specify the bond's execution date and that omission was critical and could impact liability. 



Williams v. Doe ex dem. Claytor et al.

County

Adams County


Hargrave v. Bank of Illinois



Browder v. Johnson



Chandler v. Gay

Chandler and Gay submitted their issues to arbitration to resolve a rental disputes and trespass vi et armis and trespass on the case lawsuits. The arbitrators awarded Gay $38.75. Chandler sued Gay in the circuit court to set aside the arbitration award, citing uncertainty and lack of mutuality. The circuit court confirmed the award and declared it to be judgment in favor of Gay. Chandler appealed to the Illinois Supreme Court, which affirmed the award but reversed the judgment, judgment, deeming it unauthorized by the statute. The case was remanded for compliance.