Sands v. Kagey
Illinois Supreme Court
■ Appeal from the Circuit Court of Piatt county; the Hon. Francis M. Wright, Judge, presiding. This was an action of ejectment, brought by John W. Kagey; against B. A. Sands and R. B. F. Pierce, trustees, operating the Indianapolis, Decatur and Springfield railroad, to recover a strip of land fifty feet wide off the south end of the east half of the north-east quarter, and fifty feet off the north end of the west half of the south-east quarter, of section 31, all in township…
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■ Appeal from the Circuit Court of Piatt county; the Hon. Francis M. Wright, Judge, presiding. This was an action of ejectment, brought by John W. Kagey; against B. A. Sands and R. B. F. Pierce, trustees, operating the Indianapolis, Decatur and Springfield railroad, to recover a strip of land fifty feet wide off the south end of the east half of the north-east quarter, and fifty feet off the north end of the west half of the south-east quarter, of section 31, all in township 16, north, range 6, east of the third principal meridian, in Piatt county,.Illinois, it being a strip occupied as right…
1Opinion of the CourtJustice Craig
The bill of exceptions does not show that the defendants excepted to the decision of the court overruling a motion for a new trial, and it is claimed that this court, in the absence of that fact from the bill of exceptions, will not review the decision of the circuit court. Section 61 of the Practice act provides: “Exceptions taken to the decisions upon the trial of causes in which the parties agree that both matters of law and fact may be tried by the court; and in appeal cases, tried by the court without the intervention of a jury, shall be deemed and held to have been properly taken and…
2Cases cited3 opinions
- Kilgour v. GockleyIllinois Supreme Court · 1876
- Cobb v. LavalleIllinois Supreme Court · 1878
- Reynolds v. Palmer & HopperIllinois Supreme Court · 1873
3Cited by15 opinions
- People v. FordAppellate Court of Illinois · 1974
- Dickinson v. GrayAppellate Court of Illinois · 1897
- The People v. TobinIllinois Supreme Court · 1938
- Harrell v. Enterprise Savings BankIllinois Supreme Court · 1899
- Mullin v. JohnsonAppellate Court of Illinois · 1901
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