Union Coal Co. v. City of LaSalle
Illinois Supreme Court
Writ of Error to the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Dorrance Dibell, Judge, presiding.
Read the full summary
Writ of Error to the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Dorrance Dibell, Judge, presiding. This was an action of trespass quare clausum fregit, brought by the city of LaSalle against the Union Coal Company, to recover of the defendant damages for entering with force and arms upon certain veins of coal of the plaintiff situate and lying under certain streets in the city of LaSalle, and digging out and carrying away therefrom certain large quantities of coal and converting the same to its own use. The…
1Opinion of the CourtJustice Bailey
Some controversy arises in this case as to the precise questions presented by the record to the trial court for its adjudication, and, consequently, as to the precise questions presented to this court for its decision. The issue made by the pleadings is that of a trespass committed by the defendant, by entering upon certain strata of coal underlying the public streets of the city of LaSalle and taking therefrom large quantities of coal and converting the same to its own use. This is the entire scope of the case made by the declaration and plea, and the only judgment which the trial court…
2Cases cited4 opinions
- Board of Trustees v. HavenIllinois Supreme Court · 1850
- City of Des Moines v. HallSupreme Court of Iowa · 1868
- Hunter v. MiddletonIllinois Supreme Court · 1851
- Trustees of Hawesville v. Hawes's HeirsCourt of Appeals of Kentucky · 1869
3Cited by15 opinions
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Sears v. City of ChicagoIllinois Supreme Court · 1910
- Belgum v. City of KimballNebraska Supreme Court · 1957
- National Bank of Colchester v. MurphyIllinois Supreme Court · 1943
- Lambach v. Town of MasonIllinois Supreme Court · 1944
10 more not listed; retrieve them via the Exa API.