Card v. McCaleb
Illinois Supreme Court
Appeal from the Circuit Court of LaSalle county ; the Hon. Edwin S. Leland, Judge, presiding. These two cases were actions of trespass, brought bv Nelson Card and Owen W. Huff, partners, etc., against Hubert A. McCaleb and Henry Holmes.
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Appeal from the Circuit Court of LaSalle county ; the Hon. Edwin S. Leland, Judge, presiding. These two cases were actions of trespass, brought bv Nelson Card and Owen W. Huff, partners, etc., against Hubert A. McCaleb and Henry Holmes. The plaintiffs claimed the exclusive right to cut and remove the ice from a certain part of the Illinois and Michigan Canal, under a lease giving such right from the Board of Canal Commissioners of the State of Illinois, and these actions were brought by them against the defendants for entering and removing ice from that portion so leased to the plaintiffs.…
1Opinion of the CourtJustice Scott
The same questions being presented in each of these causes, they have been consolidated, by consent of parties, and will be heard as one cause. The confusion appearing in the record has been removed by stipulation, so that really the only point for decision is, whether the lease of the date of October 17, 1871, conferred upon appellants the exclusive right to cut and remove all ice that should form on that portion of the Illinois and Michigan Canal described in the declaration, with the privilege to control the feeder and side cuts of the canal located in Ottawa: The lease was made in…
2Cases cited1 opinion
- City of Chicago v. QuimbyIllinois Supreme Court · 1865
3Cited by3 opinions
- Hinton v. . VinsonSupreme Court of North Carolina · 1920
- Hacken v. IsenbergAppellate Court of Illinois · 1918
- Hinton v. . VinsonSupreme Court of North Carolina · 1920