Chicago & Northwestern Railway Co. v. Chicago & Evanston Railroad
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. On the 7th of July, 1883, the Chicago and Evanston Bail-road Company filed in the Superior Court of Cook county a petition to condemn, for railroad purposes, a triangular piece of land lying on the west side of the north branch of the Chicago river, and on the north side of Kinzie street, in the city of Chicago, having an eastern front on the river of one hundred and three feet, and a…
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Appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. On the 7th of July, 1883, the Chicago and Evanston Bail-road Company filed in the Superior Court of Cook county a petition to condemn, for railroad purposes, a triangular piece of land lying on the west side of the north branch of the Chicago river, and on the north side of Kinzie street, in the city of Chicago, having an eastern front on the river of one hundred and three feet, and a southern front on Kinzie street of seventy-two and five-tenths feet. The land in question belonged to the Chicago and…
1Opinion of the CourtJustice Mulkey
The first question to be considered, and which may properly be said to have precedence of all others, is one of jurisdiqtion. By the second section of the Eminent Domain act, any one desiring to avail himself of its benefits is authorized to apply to the judge of the circuit or county court, .by filing with the clerk of such court a petition, etc. The point is now made that the petition in this case was filed in the Superior Court of Cook county,—a court which is not mentioned in the act,— and it is therefore claimed the Superior Court had no power or jurisdiction to take cognizance of the…
2Cases cited5 opinions
- Jones v. AlbeeIllinois Supreme Court · 1873
- Peoria & Pekin Union Railway Co. v. Peoria & Farmington Railway Co.Illinois Supreme Court · 1882
- Jacksonville & Savanna Railroad v. KidderIllinois Supreme Court · 1859
- Chicago & Western Indiana Railroad v. DunbarIllinois Supreme Court · 1880
- St. Louis, Jerseyville & Springfield Railroad v. KirbyIllinois Supreme Court · 1882
3Cited by41 opinions
- Southern Railway Co. v. City of MemphisTennessee Supreme Court · 1912
- Cary Library v. BlissMassachusetts Supreme Judicial Court · 1890
- St. Louis & Cairo Railroad v. Postal Telegraph Co.Illinois Supreme Court · 1898
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Peoria Gas Light & Coke Co. v. Peoria Terminal Railway Co.Illinois Supreme Court · 1893
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