General Electric Ry. Co. v. Chicago & W. I. R. R.

A' motion is entered by appellee to dismiss this cause for the reason that a freehold is involved, and therefore an appeal lies only in the Supreme Court. That motion is overruled. While the property of appellee, "which appellant is about to enter upon and injure, is “ fixed and immovable in its character, like realty,” yet, it is not a freehold in the sense in which that term is used in the statute relating to appeals.

This cause was before this court at the last term. We then expressed our views upon the case as it was then presented (79 Ill. App. 569). The cause was then exhaustively…