Bruffett v. Great Western Railroad Co. of 1859
Illinois Supreme Court
This was an action of assumpsit, brought by the plaintiffs in error against the defendants, in the Piatt Circuit Court, to recover damages for a breach of contract, in failing to carry two thousand hogs from Bement station to Chicago. There was a plea of the- general issue, and a trial by the court, Emerson, Judge, presiding, who found for the defendant, and rendered judgment accordingly. The plaintiffs below brought this writ of error.
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This was an action of assumpsit, brought by the plaintiffs in error against the defendants, in the Piatt Circuit Court, to recover damages for a breach of contract, in failing to carry two thousand hogs from Bement station to Chicago. There was a plea of the- general issue, and a trial by the court, Emerson, Judge, presiding, who found for the defendant, and rendered judgment accordingly. The plaintiffs below brought this writ of error. It was admitted upon the trial that the plaintiffs, in December, 1855, made a contract with the Great Western Railroad Company, said company being a common…
1Opinion of the CourtWalker, J.
It seems to have been the design of the legislature, to repeal the charter of the Great Western Railroad Company by the act of the 22nd of January, 1859, and to confer its property, rights and franchises upon a different body of incorporators, then created. It is urged, that such an exercise of power by the legislature, is in contravention of the 17th section of the 13th article of our State constitution. That section provides that “No ex post facto law, nor any law impairing the obligation of contracts, shall ever be made,” etc. Tn the case of Dartmouth College v. Woodward, 4 Wheat. 518, it…
2Cases cited1 opinion
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
3Cited by18 opinions
- Board of Commissioners of Tippecanoe Co. v. Lafayette, Muncie, & Bloomington RailroadIndiana Supreme Court · 1875
- Stephenson v. Texas & Pacific Railway Co.Texas Supreme Court · 1874
- Spear Mining Co. v. ShinnSupreme Court of Arkansas · 1910
- American Railway Express Co. v. DowningSupreme Court of Virginia · 1922
- Allen v. North Des Moines Methodist Episcopal ChurchSupreme Court of Iowa · 1905
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