Galena & Chicago Union Railroad v. Pound
Illinois Supreme Court
This was an action of trespass quare clausum fregit, in the Kane Circuit Court. The declaration contains two counts, and alleges divers trespasses, which were, in substance, that the appellant constructed a part of its railroad through the close described.
Read the full summary
This was an action of trespass quare clausum fregit, in the Kane Circuit Court. The declaration contains two counts, and alleges divers trespasses, which were, in substance, that the appellant constructed a part of its railroad through the close described. The damages are laid at §2,000. There was a plea of not guilty, with a stipulation, that the defendants in the court below, should be allowed to give in evidence upon the trial of the cause, any and all matters of defense that would be proper if specially pleaded. At the May term, 1857, of the court, Maniere®, Judge, presiding, there was a…
1Opinion of the CourtCaton, C. J.
We are of opinion that the record of the proceeding before Judge Wilson, for the purpose of obtaining the right of way, which was offered on the trial below, was competent evidence and should have been admitted. The judge before whom that proceeding was had, was exercising a special jurisdiction, conferred upon him by statute, and hence it was necessary to show that it was such a case as authorized him to act,—that the facts existed, or at least were alleged to exist, which gave him jurisdiction of the subject matter. It was sufficient if those facts appeared in the averments of the petition…
2Cited by8 opinions
- Ney v. SwinneyIndiana Supreme Court · 1871
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1923
- Rice v. TravisIllinois Supreme Court · 1905
- Logan v. WilliamsIllinois Supreme Court · 1875
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.