Joliet & Chicago Railroad v. Barrows
Illinois Supreme Court
On the 23rd day of November, 1857, John Barrows filed, in the Circuit Court of Cook county, his sworn petition for a certiorari, stating, That he is and was, on the 24th June, 1857, the owner of N. W. qr. Sec. 22, T. 37 north, R. 11 east, in Cook county. That said railroad company, before that day, had located their line of road over said land diagonally.
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On the 23rd day of November, 1857, John Barrows filed, in the Circuit Court of Cook county, his sworn petition for a certiorari, stating, That he is and was, on the 24th June, 1857, the owner of N. W. qr. Sec. 22, T. 37 north, R. 11 east, in Cook county. That said railroad company, before that day, had located their line of road over said land diagonally. That he had a dwelling and two out-houses on said land, and on the line of said railroad so located, and they must be removed to construct the road. That on the 24th June, 1857, the company applied to a justice of the peace to appoint…
1Opinion of the CourtWalker, J.
The petition for a writ of certiorari in this case alleges, that the application to the justice of the peace, for the appointment of commissioners, and the assessment of damages for the right of way, were without the knowledge of the petitioner. That these facts did not come to his knowledge until long after the expiration of twenty days from the assessment of the damages. While this petition may not be drawn with per-feet accuracy and formal precision, it clearly shows that the appellee had no notice of the proceeding, or any opportunity to be heard on the assessment of the damages, or to…
2Cited by3 opinions
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- Reynolds v. De GeerAppellate Court of Illinois · 1883
- Conover v. GattonIllinois Supreme Court · 1911