Works v. Elgin, Joliet & Eastern Railway Co.

This was a proceeding to condemn the right of way for appellee’s railway across the land of appellant, begun and tried in the city court of Aurora. The jurisdiction of that court, both in respect of the person of the defendant and subject matter of the litigation, is questioned. A special appearance was entered, and motion made to quash the summons and return, which was overruled, and exception taken. The point has been waived by the subsequent entry of general appearance and defending upon the merits. The record shows that before the entry of special appearance the cause had been continued…