Corwith v. Village of Hyde Park
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Eollin S. Williamson, Judge, presiding. This action was debt, brought by the appellant, Corwith, against the appellee, the village of Hyde Park, and based upon a judgment rendered in the superior court Dec. 29, 1873, in favor of the former against the latter, for the sum of $1,017.45, in a proceeding upon the petition of said village of Hyde Park, theretofore filed in said court, under an ordinance ordering the opening…
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Appeal from the Superior Court of Cook county; the Hon. Eollin S. Williamson, Judge, presiding. This action was debt, brought by the appellant, Corwith, against the appellee, the village of Hyde Park, and based upon a judgment rendered in the superior court Dec. 29, 1873, in favor of the former against the latter, for the sum of $1,017.45, in a proceeding upon the petition of said village of Hyde Park, theretofore filed in said court, under an ordinance ordering the opening of a certain public street in said village, and the condemnation of land for that purpose, a portion of which being land…
1Opinion of the CourtMcAllister, P. J.
We regard the doctrine as fully settled in this State, that the ordinary judgment in proceedings to condemn private property for public use, is but conditional and not absolute, where the property has been neither actually taken or damaged by the party so seeking to condemn, and such party may, within a reasonable time, abandon the proceedings. While, on the other hand, if such party shall, without payment or tender of the compensation awarded, and without the consent of the owner, appropriate the property by taking possession, then such owner may have his action of ejectment to recover the…
2Cases cited7 opinions
- South Park Commissioners v. DunlevyIllinois Supreme Court · 1878
- City of Chicago v. BarbianIllinois Supreme Court · 1875
- St. Louis & Southeastern Railway Co. v. TetersIllinois Supreme Court · 1873
- Smith v. Chicago, Alton & St. Louis R. R.Illinois Supreme Court · 1873
- Beveridge v. West Chicago Park CommissionersIllinois Supreme Court · 1881
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3Cited by4 opinions
- Missouri, Kansas & Texas Railway Co. v. MurphySupreme Court of Kansas · 1907
- City of Chicago v. HaywardAppellate Court of Illinois · 1895
- City of Chicago v. MegartneyAppellate Court of Illinois · 1912
- City of Evanston v. ClarkAppellate Court of Illinois · 1898