Legal Opinion

Mecum v. Peoria & Oquawka Railroad

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 3 opinions

In this case there was a trial by jury, Powell, Judge, presiding. The jury found for Mecum, plaintiff below, the amount of the note sued on, in connection with the agreement set out in the opinion of the court. Upon this verdict a judgment was rendered. Mecum moved for a new trial, which motion was overruled.

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In this case there was a trial by jury, Powell, Judge, presiding. The jury found for Mecum, plaintiff below, the amount of the note sued on, in connection with the agreement set out in the opinion of the court. Upon this verdict a judgment was rendered. Mecum moved for a new trial, which motion was overruled. The plaintiff below, as well as in this court, assigned the following errors: 1. The finding and judgment of the court for the plaintiff are for $745.10 ; whereas the finding and judgment of the court ought to have been for $1,262.37 for the plaintiff. 2. The court erred in overruling…

1Opinion of the CourtCaton, C. J.

The declaration in this case counts on the following agreement and the note made in pursuance of it:

“ This Agreement, made October 9th, 1854, between Robert R. Mecum of the one part, and the Peoria and Oquawka Railroad Company of the other part, witnesseth as follows:
“ The said Mecum hereby agrees, in consideration of the premises on the part of the said company hereafter made, that he will give and grant to said company the right of way for their railroad over and across the north-east quarter of section thirty-six, and twenty acres off the east side of north-west quarter of said section, in…

2Cited by3 opinions

  1. Henry v. HandOregon Supreme Court · 1899
  2. Strohmeyer v. ZeppenfeldMissouri Court of Appeals · 1887
  3. Plano Manufacturing Co. v. FarrellSupreme Court of Iowa · 1900

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