Village of Hyde Park v. Dunham
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. John Gr. Sogers, Judge, presiding. This was a proceeding to condemn property, and assess the damages occasioned thereby, for the widening of a certain street in the village of Hyde Park. Dunham, whose property was affected by the proceeding, prosecutes this writ of error.
1Opinion of the CourtChief Justice Soholfield
Court:
Two preliminary objections are raised by the defendant in error—first, that a writ of error does not lie in this case; second, that a proper bill of exceptions was not prepared and filed in apt time.
If no right of appeal is allowed, (which is also questioned by defendant in error) it is clear that a writ of error lies, for a writ of error is a writ of right, and can be prosecuted in all cases upon judgments of the circuit court, where no other mode of review is provided. Unknown Heirs of Langworthy v. Baker, 23 Ill. 487; Hall v. Thode. 75 id. 173.
If the right of appeal is allowed, as we…
2Cases cited4 opinions
- City of Chicago v. BarbianIllinois Supreme Court · 1875
- Underwood v. HossackIllinois Supreme Court · 1865
- Chicago & Pacific Railroad v. FrancisIllinois Supreme Court · 1873
- Myers v. PhillipsIllinois Supreme Court · 1873
3Cited by27 opinions
- Illinois Power & Light Corp. v. TalbottIllinois Supreme Court · 1926
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1893
- Metropolitan West Side Elevated Railway Co. v. StickneyIllinois Supreme Court · 1894
- Illinois Power & Light Corp. v. PetersonIllinois Supreme Court · 1926
- City of Mt. Carmel v. ShawIllinois Supreme Court · 1895
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