Moll v. Sanitary District of Chicago
Illinois Supreme Court
Writ of Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. Carl Moll brought this action against the defendant in error in the circuit court of Cook county. A demurrer was sustained to the declaration and a judgment rendered in favor of defendant, which, upon a writ of error sued out by his executrix, has been affirmed by the Appellate Court.
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Writ of Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. Carl Moll brought this action against the defendant in error in the circuit court of Cook county. A demurrer was sustained to the declaration and a judgment rendered in favor of defendant, which, upon a writ of error sued out by his executrix, has been affirmed by the Appellate Court. The executrix has sued out this writ of error to reverse the judgment of the Appellate Court. The first count of the declaration…
1Opinion of the CourtJustice Dunn
The plaintiff was deprived of his property, without any compensation for the use thereof, from the time the defendant took possession until the final award fixing his damages. He could not accept the $6000 deposited without waiving his appeal. If his appeal had been unsuccessful he would not have been entitled to interest, for he ought to have accepted the amount awarded. But the judgment in his favor on the appeal is conclusive of his right to-reject the tender, and it is clear that he was entitled to interest upon the full value of the property taken by the defendant from the time the…
2Cases cited4 opinions
- Sanitary District of Chicago v. ChapinIllinois Supreme Court · 1907
- Hayes v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1884
- Beveridge v. West Chicago Park CommissionersIllinois Supreme Court · 1881
- Booker v. Venice & Carondelet Railway Co.Illinois Supreme Court · 1882
3Cited by19 opinions
- Pinkstaff v. Pennsylvania RailroadIllinois Supreme Court · 1964
- Morton Grove Park District v. American National Bank & Trust Co.Illinois Supreme Court · 1980
- Schnull v. Indianapolis Union Railway Co.Indiana Supreme Court · 1921
- County of Cook v. MalysaIllinois Supreme Court · 1968
- South Carolina State Highway Department v. MillerSupreme Court of South Carolina · 1960
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