Legal Opinion

McDonald v. Stark

Illinois Supreme Court

Decided October 24, 1898PublishedCited by 6 opinions

Appeal from the Circuit Court of Kane county; the Hon. Henry B. Willis, Judge, presiding. This was a bill filed at the March term of the circuit court of DuPage county by John Knippin and Martin Stark, against Duncan McDonald, for obstructing and encroaching upon a portion of South Railroad street, in the city of Wheaton, DuPage county, and also for an injunction against said defendant, McDonald, enjoining him from further obstructing and encroaching upon said street by…

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Appeal from the Circuit Court of Kane county; the Hon. Henry B. Willis, Judge, presiding. This was a bill filed at the March term of the circuit court of DuPage county by John Knippin and Martin Stark, against Duncan McDonald, for obstructing and encroaching upon a portion of South Railroad street, in the city of Wheaton, DuPage county, and also for an injunction against said defendant, McDonald, enjoining him from further obstructing and encroaching upon said street by erecting and completing any structures or buildings thereon. After the filing of the bill the venue was changed to the…

1Opinion of the CourtJustice Craig

The first question to be determined is, was South Railroad street laid out and platted by Jesse C. Wheaton as a street four rods wide opposite block 4? The original plat of the town of Wheaton is dated June 20, 1853, and is acknowledged and recorded on the same day and year in DuPage county. July 2, 1855, Jesse C. Wheaton platted and acknowledged an addition known as “Jesse C. Wheaton’s addition to the town of Wheaton,” which was duly recorded July 7, 1855. The original plat of the town of Wheaton and the original plat of Jesse 0. Wheat-on’s addition to the town of Wheaton appear to have been…

2Cases cited9 opinions

  1. Zearing v. RaberIllinois Supreme Court · 1874
  2. Maywood Co. v. Village of MaywoodIllinois Supreme Court · 1886
  3. Earll v. City of ChicagoIllinois Supreme Court · 1891
  4. Fairbury Union Agricultural Board v. HollyIllinois Supreme Court · 1897
  5. Smith v. NewtonIllinois Supreme Court · 1865

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3Cited by6 opinions

  1. Austin v. United StatesCourt of Appeals for the Seventh Circuit · 1942
  2. United States Health & Accident Insurance v. HarveyAppellate Court of Illinois · 1906
  3. Kitterman v. PeopleAppellate Court of Illinois · 1913
  4. Franklin Union, No. 4 v. PeopleAppellate Court of Illinois · 1905
  5. Chmielewicz v. Chicago Heights Terminal Transfer RailroadAppellate Court of Illinois · 1912

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