People v. Sanitary District
Illinois Supreme Court
Writ op Error to the Circuit Court of Cook county; the Hon. E. P. Dunne, Judge, presiding. The Sanitary District of Chicago brought its suit in the circuit court to condemn a strip of land extending from Madison to Randolph street along the river bank, which was a part of the original town of Chicago platted by the canal commissioners in 1836, or thereabouts. The strip in question originally lay within the boundaries of West Water street, as shown upon that plat.
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Writ op Error to the Circuit Court of Cook county; the Hon. E. P. Dunne, Judge, presiding. The Sanitary District of Chicago brought its suit in the circuit court to condemn a strip of land extending from Madison to Randolph street along the river bank, which was a part of the original town of Chicago platted by the canal commissioners in 1836, or thereabouts. The strip in question originally lay within the boundaries of West Water street, as shown upon that plat. The State of Illinois was made a defendant on the allegation by the sanitary district that the State claimed some interest. The…
1Opinion of the CourtChief Justice Ricks
The question first presented upon this record is as to the right or authority of the State to become a party to this proceeding. By the constitution (art. 4, sec. 26,) it is declared “the State of Illinois shall never be made defendant in any court of law or equity.” In this section of the constitution the fiat of the people, the supreme authority of the State, is so positive and clear that it requires only to be read to produce upon the mind the conviction that the inhibition therein contained is absolute and must be observed by the courts. People v. Dulaney, 96 Ill. 503; In re City of Mt.…
2Cases cited4 opinions
- People ex rel. National Cigar Co. v. DulaneyIllinois Supreme Court · 1880
- Bowman v. Venice & Carondelet Railway Co.Illinois Supreme Court · 1882
- Commonwealth v. HalyCourt of Appeals of Kentucky · 1899
- St. Paul & Chicago Railway Co. v. BrownSupreme Court of Minnesota · 1877
3Cited by16 opinions
- People Ex Rel. Compagnie Nationale Air France v. GilibertoIllinois Supreme Court · 1978
- Crane Paper Stock Co. v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1976
- Noorman v. Department of PubLic Works & BuildingsIllinois Supreme Court · 1937
- Edelen v. HogsettIllinois Supreme Court · 1969
- City of Edwardsville v. County of MadisonIllinois Supreme Court · 1911
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