Smith v. McDowell
Illinois Supreme Court
Appeal from the Circuit Court of Livingston county; the Hon. Thomas F. Tipton, Judge, presiding. This was a bill in chancery, filed by H. H. McDowell, State’s attorney in and for Livingston county, this State, on the relation of M. M. Hall and William Cowling, citizens and electors of the village of Ghatsworth, in said county, on their own behalf as well as the general public, to restrain the construction of a purpresture, consisting of an area-way, and stairs therein, in…
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Appeal from the Circuit Court of Livingston county; the Hon. Thomas F. Tipton, Judge, presiding. This was a bill in chancery, filed by H. H. McDowell, State’s attorney in and for Livingston county, this State, on the relation of M. M. Hall and William Cowling, citizens and electors of the village of Ghatsworth, in said county, on their own behalf as well as the general public, to restrain the construction of a purpresture, consisting of an area-way, and stairs therein, in one of the principal streets of said village. The bill alleges, in substance, that on June 8, 1859, the then proprietors…
1Opinion of the CourtJustice Shops
The important question presented by this record is, whether, under the statute giving municipal corporations control of the streets and alleys within the municipality, power exists in the corporate authorities to vacate a street, or a portion of a street, for the benefit and use of a private person.
It is charged, and the answer practically admits, and, indeed, the ordinance on its face purports, that the attempted vacation of a strip five feet wide and eighty-five feet long, off of the side of the street, was for the single purpose of permitting its use by appellant Smith, president of the…
2Cases cited17 opinions
- State v. BerdettaIndiana Supreme Court · 1880
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ligare v. City of ChicagoIllinois Supreme Court · 1891
- The People v. . VanderbiltNew York Court of Appeals · 1863
- Chicago Dock & Canal Co. v. GarrityIllinois Supreme Court · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by104 opinions
- Cicero Lumber Co. v. Town of CiceroIllinois Supreme Court · 1898
- City of Chicago v. CollinsIllinois Supreme Court · 1898
- Henderson v. City of LexingtonCourt of Appeals of Kentucky · 1908
- Field v. BarlingIllinois Supreme Court · 1894
- Harder's Fire Proof Storage & Van Co. v. City of ChicagoIllinois Supreme Court · 1908
99 more not listed; retrieve them via the Exa API.