Legal Opinion

Price v. Engelking

Appellate Court of Illinois

Decided May 16, 1895PublishedCited by 7 opinions

Agreed Case.—Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Heard in this court at the March term, 1895. Statement of the Case.

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Agreed Case.—Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Heard in this court at the March term, 1895. Statement of the Case. The pending appeal is from the opinion and judgment of the Superior Court in an “ agreed case,” entered into by appellants, the appellee and the city of Chicago, whereby the question is submitted to the court under the statute as to whether either appellants or appellee are entitled to a certain fund of $1,528.56 paid into court by the city of Chicago. • The fund in question is the compensation money paid to the city as…

1Opinion of the Court

Mr. Presiding Justice Watebman

delivered the opinion of the Court.

It is the settled rule in this State that in condemnation proceedings the judgment does not pass the title to the property sought to be condemned; it simply gives to the public a right to take the property upon paying the value thereof as determined by the judgment; in other words, after judgment the public has a right to acquire at a fixed price. This right exists without there being any corresponding right upon the part of the owner to compel the public to take the property at the value determined by the judgment. It is like a…

2Cases cited2 opinions

  1. Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1893
  2. Rice v. City of ChicagoAppellate Court of Illinois · 1895

3Cited by7 opinions

  1. Brazos River Conservation & Reclamation Dist. v. HarmonCourt of Appeals of Texas · 1944
  2. Chandler v. MoreyIllinois Supreme Court · 1902
  3. Security Co. v. RiceCalifornia Supreme Court · 1932
  4. Brick v. CazauxCalifornia Supreme Court · 1937
  5. Yesler Logging Co. v. Seattle Electric Co.Washington Supreme Court · 1913

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