St. Louis & Belleville Electric Railway Co. v. Gustave Vanhoorebeke
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. M. W. Schaefer, Judge, presiding. This is a bill for specific performance and to enjoin an action of ejectment, filed on January 20, 1900, by the appellant company against the appellees, Gustave VanHoorebeke and Given Campbell. The appellees answered the .bill, denying the material allegations thereof.
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Appeal from the Circuit Court of St. Clair county; the Hon. M. W. Schaefer, Judge, presiding. This is a bill for specific performance and to enjoin an action of ejectment, filed on January 20, 1900, by the appellant company against the appellees, Gustave VanHoorebeke and Given Campbell. The appellees answered the .bill, denying the material allegations thereof. Upon a hearing of the cause, the bill was dismissed for want of equity by the trial court at the cost of appellant; and a temporary injunction theretofore granted was dissolved. The present appeal is prosecuted from said decree. The…
1Opinion of the CourtJustice Magruder
This is a bill, filed by a railway company to enforce the specific performance of a contract to convey a right of way, one hundred feet wide, through a tract of land, containing between seventy and eighty acres. The case is considered upon the assumption as to the power of the company, made by counsel on both sides, as hereinafter indicated.
Where a railroad company enters into a contract or agreement for the conveyance of a right of way, which it has the lawful power to make, such contract, when made, stands on the same footing as other contracts, and, in proper cases, a bill for its specific…
2Cases cited10 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SmithIllinois Supreme Court · 1884
- Harvey v. Aurora & Geneva Railway Co.Illinois Supreme Court · 1898
- Chicago & South-western R. R. v. SwinneySupreme Court of Iowa · 1874
- Conwell v. Springfield & Northwestern RailroadIllinois Supreme Court · 1876
- Smith v. New York & Oswego Midland RailroadNew York Court of Appeals · 1875
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3Cited by8 opinions
- State v. BrewerTexas Supreme Court · 1943
- Springfield & Northeastern Traction Co. v. WarrickIllinois Supreme Court · 1911
- Tacoma Mill Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1916
- Sale v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
- Littlejohn v. Chicago, Evanston & Lake Superior Ry. Co.Illinois Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.