Matthiessen & Hegeler Zinc Co. v. City of La Salle
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Josiah McBobebts, Judge, presiding. Bill was filed in the circuit court, by the Matthiessen & Hegeler Zinc Company, against the city of LaSalle, and some individuals, with whom the city had made a contract, granting them the right, to mine coal underlying the streets and alleys.
Read the full summary
Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Josiah McBobebts, Judge, presiding. Bill was filed in the circuit court, by the Matthiessen & Hegeler Zinc Company, against the city of LaSalle, and some individuals, with whom the city had made a contract, granting them the right, to mine coal underlying the streets and alleys. The complainant claims, as the grantee of the same, coal under its lots described in the hill, and the right to run entries across such streets and alleys to reach the coal on the…
1Opinion of the CourtJustice Scholfield
We do not deem it expedient to now reconsider the construction given the statute in relation to the platting of towns, in Canal Trustees v. Haven, 11 111. 554. That decision was rendered, after full argument and-mature consideration, in June, 1850,—thirty-five years ago. The next year after it was rendered,—in November, 1851,—in Hunter v. Middleton, 13 111. 50,. the rule it declares was attacked in argument by able counsel, and the court was- asked to reconsider and overrule it; and hold as now contended by counsel for appellant; but the court were not convinced by the argument that the rule…
2Cases cited10 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- Haynes v. ThomasIndiana Supreme Court · 1855
- Board of Trustees v. HavenIllinois Supreme Court · 1850
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Sears v. City of ChicagoIllinois Supreme Court · 1910
- City of Evanston v. RobinsonWyoming Supreme Court · 1985
- Board of Com'rs v. YoungCourt of Appeals for the Sixth Circuit · 1893
- Belgum v. City of KimballNebraska Supreme Court · 1957
23 more not listed; retrieve them via the Exa API.