Peoria & Bureau Valley Railroad v. Bryant
Illinois Supreme Court
The proceedings in this case were had before Onslow Peters, Judge, at March term, 1854, of the Peoria Circuit Court. The railroad company instituted proceedings under chapter 92 of the Revised Statutes, to procure the right of way over the land of Bryant. An assessment was made, from which Bryant took an appeal to the circuit court. The company dismissed the proceeding in the circuit court, and Bryant had judgment for costs.
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The proceedings in this case were had before Onslow Peters, Judge, at March term, 1854, of the Peoria Circuit Court. The railroad company instituted proceedings under chapter 92 of the Revised Statutes, to procure the right of way over the land of Bryant. An assessment was made, from which Bryant took an appeal to the circuit court. The company dismissed the proceeding in the circuit court, and Bryant had judgment for costs. The clerk in taxing costs, taxed the costs of sixteen witnesses in favor of Bryant and against the company. From this taxation the company appealed to the circuit court,…
1Opinion of the CourtTreat, C. J.
The Peoria and Bureau Valley Railroad Company instituted proceedings to procure the right of way over the land of Bryant. The damages were assessed, and Bryant appealed to the circuit court. In that court the corporation dismissed the proceeding, and judgment was entered in favor of Bryant for costs. The court made no certificate as to the number of witnesses necessary on the part of Bryant. The clerk taxed the corporation with the fees of sixteen witnesses summoned by Bryant. The corporation then applied to the court to retax the costs, so that Bryant should only be allowed for four…
2Cited by4 opinions
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- Sanitary District v. CurranAppellate Court of Illinois · 1907
- Rimmer v. O'Brien-Green Co.Appellate Court of Illinois · 1896
- Ward v. ReesWyoming Supreme Court · 1903