Taylor v. Pettijohn
Illinois Supreme Court
This was an action of trespass quare clausum fregit, commenced before a justice of the peace, of the county of Tazewell, by the defendant in error, against the plaintiffs in error, and verdict and judgment in favor of plaintiff. Defendants below then filed itheir appeal bond, and prayed an appeal to the Circuit Court.
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This was an action of trespass quare clausum fregit, commenced before a justice of the peace, of the county of Tazewell, by the defendant in error, against the plaintiffs in error, and verdict and judgment in favor of plaintiff. Defendants below then filed itheir appeal bond, and prayed an appeal to the Circuit Court. And on the trial of said cause, the court (a jury having been waived,) found the issues for the plaintiff below, and assessed his damages at ten dollars, and for that sum rendered judgment against the defendants below. To reverse which judgment the plaintiffs in error bring this…
1Opinion of the CourtWalker, J.
The question presented by this record is, whether the plaintiffs in error could justify their entry upon the land of defendant, under the proceedings had to condemn the right of way by the railroad, and to assess the damages for the same. The proceedings were had under, and in conformity to, the provisions of the act of 1845 (R. S. 477), entitled, “ Right of way.” It is urged that the company were bound to proceed under the act of June 22,1852, (Scates’ Comp. 481), which is entitled “ An act to amend the law concerning the right of way, for purposes of internal improvements.” This latter act…
2Cited by1 opinion
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