Phillips v. Town of Scales Mound
Illinois Supreme Court
Appeal from the Circuit Court of JoDaviess county; the Hon. James S. Baume, Judge, presiding. This is a petition, filed on May 16, 1901, in the circuit court of JoDaviess county by the appellee, the town of Scales Mound in said county against the appellant, James Phillips, to condemn two acres of his land in said town for cemetery purposes. The appellant filed a motion to dismiss the petition upon certain grounds, which motion was overruled.
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Appeal from the Circuit Court of JoDaviess county; the Hon. James S. Baume, Judge, presiding. This is a petition, filed on May 16, 1901, in the circuit court of JoDaviess county by the appellee, the town of Scales Mound in said county against the appellant, James Phillips, to condemn two acres of his land in said town for cemetery purposes. The appellant filed a motion to dismiss the petition upon certain grounds, which motion was overruled. A jury was empaneled, and awarded appellant the sum of $160.00 as compensation for the property, taken and damaged by the acquiring by the petitioners of…
1Opinion of the CourtJustice Magruder
First—It is claimed, on the part of appellant, that the court below erred in refusing to dismiss the petition upon the alleged ground that the town of Scales Mound had no authority or right to acquire additional ground for its cemetery by condemnation.
Section 5 of chapter 21 of the Revised Statutes in regard to cemeteries, provides: “That any city, village or township in this State may establish and maintain cemeteries, within and without its corporate limits, and acquire lands therefor by condemnation or otherwise, and may lay out lots of convenient size for families; and may sell lots for…
2Cases cited15 opinions
- Metropolitan West Side Elevated Railway Co. v. StickneyIllinois Supreme Court · 1894
- Brown v. Calumet River Railway Co.Illinois Supreme Court · 1888
- People ex rel. Deneen v. Town of ThorntonIllinois Supreme Court · 1900
- Enfield v. JordanSupreme Court of the United States · 1887
- Kiernan v. Chicago, Santa Fe & California Railway Co.Illinois Supreme Court · 1887
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3Cited by19 opinions
- City of Chicago v. FarwellIllinois Supreme Court · 1918
- People v. NitzAppellate Court of Illinois · 2001
- County of Cook v. HollandIllinois Supreme Court · 1954
- Walton v. Wild Goose Mining & Trading Co.Court of Appeals for the Ninth Circuit · 1903
- Martin v. Allstate Insurance Co.Appellate Court of Illinois · 1981
14 more not listed; retrieve them via the Exa API.