Chicago & Northwestern Railway Co. v. City of Chicago
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. This is a proceeding begun by the City of Chicago in the Circuit Court of Cook County to open Hoyne Avenue in that city across the right of way of the appellant company. The cause was tried by agreement before the court without a jury.
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Appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. This is a proceeding begun by the City of Chicago in the Circuit Court of Cook County to open Hoyne Avenue in that city across the right of way of the appellant company. The cause was tried by agreement before the court without a jury. Judgment was rendered on July 22, 1891, finding the just compensation to be paid by the city to be $1.00, and “adjudging that said owner shall accept from said city * * * such sum as is so awarded, ® * * and that, upon payment into this court by the said city of the said sum…
1Opinion of the CourtJustice Magruder
The appellee makes a motion to dismiss the present appeal upon the alleged ground that the order for possession entered by the court below is not an appealable order. Hence, the first question to be considered is whether the case is properly here by appeal from said order.
We are relieved from the necessity of considering the effect of the stipulation between the attorneys of the parties upon the right of the appellant to prosecute this appeal by the following admission made by the counsel for the City in their brief: “We do not contend that this stipulation prevents the railway company from…
2Cases cited14 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Bostwick v. BrinkerhoffSupreme Court of the United States · 1882
- Toledo, Ann Arbor & Grand Trunk Railway Co. v. DunlapMichigan Supreme Court · 1882
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
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