Legal Opinion

Doolittle v. Galena & Chicago Union Railroad

Illinois Supreme Court

Decided June 15, 1853PublishedCited by 14 opinions

The petitioner, John Doolittle, in his petition, declares, that some time about the year 1838 he acquired a-large tract of land in Winnebago county, and cultivated and improved the same until if would be worth $10,000 but for the injury complained of. His petition then described the land, a part of which he alleged to be valuable, not only as meadow land, adjoining said farm, but as being contiguous to the flourishing village of Beloit.

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The petitioner, John Doolittle, in his petition, declares, that some time about the year 1838 he acquired a-large tract of land in Winnebago county, and cultivated and improved the same until if would be worth $10,000 but for the injury complained of. His petition then described the land, a part of which he alleged to be valuable, not only as meadow land, adjoining said farm, but as being contiguous to the flourishing village of Beloit. That in the latter part of the summer of 1852, the Galena and Chicago Union Railroad Company, acting under their charter, having completed a road from Chicago…

1Opinion of the CourtTreat, C. J.

The common law writ of certiorari may issue to all inferior tribunals and jurisdictions, in cases where they exceed their jurisdiction, and in cases where they proceed illegally, and there is no appeal or other mode of directly reviewing their proceedings. These are the only instances in which their proceedings can be reviewed on certiorari. The People v. Wilkinson, 13 Illinois, 660. The present application does not fall within either of these classes of cases. The circuit judge clearly had jurisdiction of the case. The charter of the corporation expressly invested him with power to appoint…

2Cases cited1 opinion

  1. Birdsall v. PhillipsNew York Supreme Court · 1837

3Cited by14 opinions

  1. Donahue v. County of WillIllinois Supreme Court · 1881
  2. Hyslop v. FinchIllinois Supreme Court · 1881
  3. Hahnemann Hospital v. Industrial BoardIllinois Supreme Court · 1918
  4. Poe v. Machine WorksWest Virginia Supreme Court · 1884
  5. Miller v. Trustees of Schools Township 15 North, Range 6 EastIllinois Supreme Court · 1878

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