Illinois & St. Louis Railroad v. McClintock
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an agreed case, whereby it appeared that the appellee, on appeal to the circuit court from the action of commissioners appointed under the act of 1852, recovered $5000 damages for property taken under the right of eminent domain by the appellant. The cause was brought to this court on a'ppeal, and the judgment of the circuit court affirmed.
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Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an agreed case, whereby it appeared that the appellee, on appeal to the circuit court from the action of commissioners appointed under the act of 1852, recovered $5000 damages for property taken under the right of eminent domain by the appellant. The cause was brought to this court on a'ppeal, and the judgment of the circuit court affirmed. The railroad company then paid the sum awarded by the jury, without interest. It was agreed that, if the judgment bore interest, the appellee should…
1Opinion of the CourtJustice Scholfield
The only question here presented is, whether a judgment of a circuit court, on appeal from commissioners condemning lands for right of way, under the act of 1852, relating to that subject, bears interest, where possession of the property condemned is taken and retained by the applicant for condemnation.
The quéstion was settled by this court in the case of Cook v. The South Park Commissioners, 61 Ill. 115. It was there said : “We think that interest should be allowed upon judgments, when final, in proceedings of this character. They are within the spirit, if not within the' terms, of the…
2Cases cited1 opinion
- Cook v. South Park CommissionersIllinois Supreme Court · 1871
3Cited by10 opinions
- South Park Commissioners v. DunlevyIllinois Supreme Court · 1878
- City of Chicago v. BarbianIllinois Supreme Court · 1875
- Turk v. City of ChicagoIllinois Supreme Court · 1933
- Blaine v. City of ChicagoIllinois Supreme Court · 1937
- Beveridge v. West Chicago Park CommissionersIllinois Supreme Court · 1881
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