South Park Commissioners v. Ayer
Illinois Supreme Court
Appear from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. On July 3, 1907, the South Park Commissioners, a municipal corporation, filed its petition in the circuit court of Cook county to condemn for small park purposes certain lots in the city of Chicago, being half a block owned by Frederick F. Ayer and Jacob Rodgers, trustees under the will of James C. Ayer, deceased, Frederick F. Ayer, Henry S. Ayer and Leslie Josephine Pearson, appellants,…
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Appear from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. On July 3, 1907, the South Park Commissioners, a municipal corporation, filed its petition in the circuit court of Cook county to condemn for small park purposes certain lots in the city of Chicago, being half a block owned by Frederick F. Ayer and Jacob Rodgers, trustees under the will of James C. Ayer, deceased, Frederick F. Ayer, Henry S. Ayer and Leslie Josephine Pearson, appellants, and others. The half block fronts on LaSalle street and extends back one hundred and twenty feet to a ten-foot alleyway…
1Opinion of the CourtJustice Scott
It is first argued that the court erred in refusing to remove the cause to the Federal court so far as it concerned the appellants in this proceeding. Appellee contends that the petition was not timely. Section 3 of the act of Congress to regulate the removal of causes from State courts, as amended August 13, 1888, provides, with reference to cases of this character, that the party desiring to remove the cause shall file a petition in the State court “at the time, or any time before the defendant is required by the laws of the State or the rule of the State-court in which such suit is brought…
2Cases cited4 opinions
- Kansas City, Fort Scott & Memphis Railroad v. DaughtrySupreme Court of the United States · 1891
- Peoria Gas Light & Coke Co. v. Peoria Terminal Railway Co.Illinois Supreme Court · 1893
- Guyer v. Davenport, Rock Island & Northwestern Ry. Co.Illinois Supreme Court · 1902
- Chicago & State Line Railway Co. v. MinesIllinois Supreme Court · 1906
3Cited by26 opinions
- Jefferson Park District v. SowinskiIllinois Supreme Court · 1929
- Pittsburg, Cincinnati, Chicago & St. Louis Railway Co. v. GageIllinois Supreme Court · 1918
- Otis Elevator Co. v. City of ChicagoIllinois Supreme Court · 1914
- Yonts v. Public Service Co. of ArkansasSupreme Court of Arkansas · 1929
- Posinski v. Chicago, Milwaukee, St. Paul & Pacific RailroadIllinois Supreme Court · 1941
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