Chicago Dock & Canal Co. v. Garrity
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. Bills were filed in these cases to enjoin the laying of railway tracks in Illinois street, in the city of Chicago. Answers were filed, not under oath, and the causes were referred to the master in chancery to take and report the evidence.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. Bills were filed in these cases to enjoin the laying of railway tracks in Illinois street, in the city of Chicago. Answers were filed, not under oath, and the causes were referred to the master in chancery to take and report the evidence. The master reported the evidence, and the court thereupon enjoined the defendants, as prayed in the bills. Appeals were prosecuted from these decrees to the Appellate Court for the First…
1Opinion of the CourtJustice Scholfield
The first question discussed in the arguments on behalf of the respective parties relates to the mode of exercising the power by the city council to pass an ordinance authorizing the location of railway tracks in the streets of the city of Chicago. Both sides agree that the city council has power to that end, but they disagree as to the statute by which it is conferred, and, as a consequence, as to the limitations under which it can be exercised. The city of Chicago was organized under the general law in relation to the incorporation of cities, etc., at the time of the passage of the…
2Cases cited5 opinions
- Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
- County of Perry v. County of JeffersonIllinois Supreme Court · 1879
- Attorney General v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
- Truesdale v. Peoria Grape Sugar Co.Illinois Supreme Court · 1881
- Kœlle v. KnechtIllinois Supreme Court · 1881
3Cited by54 opinions
- Smith v. McDowellIllinois Supreme Court · 1893
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Ligare v. City of ChicagoIllinois Supreme Court · 1891
- Field v. BarlingIllinois Supreme Court · 1894
- Singer Manufacturing Co. v. WrightSupreme Court of Georgia · 1895
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