City of Alton v. Foster
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. M. W. Schaefer, Judge, presiding. This is a suit in assumpsit, brought to the March term, 1900, of the Madison county circuit court by Robert F. Foster against the city of Alton. Foster has since died, and his executrix, Sophia M. Foster, prosecutes this suit.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. M. W. Schaefer, Judge, presiding. This is a suit in assumpsit, brought to the March term, 1900, of the Madison county circuit court by Robert F. Foster against the city of Alton. Foster has since died, and his executrix, Sophia M. Foster, prosecutes this suit. The action is for the recovery of a balance alleged to be due the plaintiff from the city for the construction of a certain sewer. Trial was had before the court, without a jury, under section 61 of…
1Opinion of the CourtJustice Ricks
The bill of exceptions in this case contains the following recital: “It was agreed by the parties that a jury be waived and the issue tried by the court under section 61 of chapter 110 of the Revised Statutes of Illinois,” and under this stipulation appellant contends that all matters of law and fact are, by virtue of the provisions of said section 61 of the Practice act, open for review by this court. Appellee does not controvert the position of appellant upon this question of practice, and it is therefore plain that counsel on each side of this, case misapprehend the scope and application…
2Cases cited17 opinions
- Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
- Maher v. City of ChicagoIllinois Supreme Court · 1865
- People Ex Rel. Ready v. Mayor of SyracuseNew York Court of Appeals · 1894
- City of Chicago v. People ex rel. NortonIllinois Supreme Court · 1870
- Tibballs v. LibbyIllinois Supreme Court · 1881
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3Cited by25 opinions
- Conway v. City of ChicagoIllinois Supreme Court · 1908
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- Gray v. City of Santa FeCourt of Appeals for the Tenth Circuit · 1937
- Powell v. City of Ada, Okl.Court of Appeals for the Tenth Circuit · 1932
- Rigdon v. MoreIllinois Supreme Court · 1909
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