City of Chicago v. Borden
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. The original bill in this case was filed on July 25, 1899, and the amended bill on October 19,1899. The bill was filed by the appellee against the appellant for the purpose of enjoining appellant, its officers, servants, etc., from interfering with the appellee in the excavation of areas or cellars under a portion of an alley, alleged to be a private alley, running north from Washington…
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Appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. The original bill in this case was filed on July 25, 1899, and the amended bill on October 19,1899. The bill was filed by the appellee against the appellant for the purpose of enjoining appellant, its officers, servants, etc., from interfering with the appellee in the excavation of areas or cellars under a portion of an alley, alleged to be a private alley, running north from Washington street in the city of Chicago in the rear of, and lying ninety feet west of, State street. The original and amended…
1Opinion of the CourtJustice Magruder
The material question in this case is, whether the alley, ten feet wide, as described in the statement preceding this opinion, to-wit, the west ten feet of the east twenty feet of the north half of lot 7 in block 37, original town of Chicago, is a private alley, or a public alley. If it is a private alley, then the decree of the court below was correct in enjoining the city and its officers from interfering with its use by the abutting owners, as is set forth in the decree; but if it is a public alley, then the decree of the court below was wrong.
First—Where a strip of land is reserved for an…
2Cases cited17 opinions
- Shellhouse v. StateIndiana Supreme Court · 1887
- City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
- City of Chicago v. DrexelIllinois Supreme Court · 1892
- O'Connell v. Chicago Terminal Transfer RailroadIllinois Supreme Court · 1900
- Grube v. NicholsIllinois Supreme Court · 1864
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Town of Paden City v. FeltonWest Virginia Supreme Court · 1951
- People Ex Rel. Carson v. MateykaAppellate Court of Illinois · 1978
- Thorworth v. ScheetsIllinois Supreme Court · 1915
- Flaherty v. FlemingWest Virginia Supreme Court · 1906
- MacCorkle v. City of CharlestonWest Virginia Supreme Court · 1928
19 more not listed; retrieve them via the Exa API.