McCartney v. Chicago & Evanston Railroad
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Henry M. Shephard, Judge, presiding. This was an information in chancery, filed by the Attorney General of the State of Illinois and the State’s attorney of Cook county, in behalf of the People of the State, to enjoin the Chicago and Evanston Railroad Company, and the Chicago and Lake Superior Railroad Company, from building a railroad bridge over the north branch of the Chicago river, north of Kinzie street, and from…
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Appeal from the Superior Court of Cook county; the Hon. Henry M. Shephard, Judge, presiding. This was an information in chancery, filed by the Attorney General of the State of Illinois and the State’s attorney of Cook county, in behalf of the People of the State, to enjoin the Chicago and Evanston Railroad Company, and the Chicago and Lake Superior Railroad Company, from building a railroad bridge over the north branch of the Chicago river, north of Kinzie street, and from constructing and operating certain railroad tracks, under an ordinance passed by the city council of Chicago, December…
1Opinion of the CourtJustice Sheldon
It is contended by appellants that the Chicago and Evans-ton Eailroad Company ceased to have corporate existence on the 8th day of August, 1870, (the day the constitution of 1870 went in force,) by virtue of section 2, of article 11, of that constitution, which reads : “All existing charters or grants of special or exclusive privileges, under which organization shall not have taken place, or which shall not have been in operation within ten days from the time this constitution takes effect, shall thereafter have no validity or effect whatever. ” It is denied that the charter of the company…
2Cases cited4 opinions
- Escanaba Co. v. ChicagoSupreme Court of the United States · 1883
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
- Moses v. Pittsburgh, Fort Wayne & Chicago RailroadIllinois Supreme Court · 1859
- Mason v. Brooklyn City & Newtown Rail RoadNew York Supreme Court · 1861
3Cited by29 opinions
- Doane v. Lake Street Elevated RailroadIllinois Supreme Court · 1896
- Rosehill Cemetery Co. v. City of ChicagoIllinois Supreme Court · 1933
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- State v. EvansSupreme Court of Missouri · 1901
- Chicago North Shore & Milwaukee Railroad v. City of ChicagoIllinois Supreme Court · 1928
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