Legal Opinion

Illinois, Iowa & Minnesota Railway Co. v. Powers

Illinois Supreme Court

Decided December 22, 1904Published

Appeal from the County Court of DeKalb county ; the Hon. W. D. Pond, Judge, presiding. This was a proceeding under the Eminent Domain act, commenced in the county court of DeKalb county by the appellant to acquire a right of way across the farm of appellees. The appellees filed a cross-petition claiming damages to lands not taken.

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Appeal from the County Court of DeKalb county ; the Hon. W. D. Pond, Judge, presiding. This was a proceeding under the Eminent Domain act, commenced in the county court of DeKalb county by the appellant to acquire a right of way across the farm of appellees. The appellees filed a cross-petition claiming damages to lands not taken. The jury returned a verdictein writing, fixing the value of the land taken at $563.75 and the damages to land not taken at “the sum of ($2600.00) twenty-six and no-ioo dollars.” The bill of exceptions shows when the verdict was returned into court the judge read the…

1Opinion of the CourtJustice Hand

The only reason urged in this court as a ground for a reversal is that the verdict is too uncertain to sustain the judgment.

In Griffin v. Larned, 111 Ill. 432, which was assumpsit upon a promissory note, the jury returned a verdict for “fourteen hundred and sixty-seven and eighty-eight cents.” The verdict, upon its return into court, was read by the clerk to the jury “fourteen hundred and sixty-seven dollars and eighty-eight cents,” and the court then and there inquired of the jury if the verdict as read was their verdict, and the jury, through their foreman, replied it was, and it was -held…

2Cases cited2 opinions

  1. Griffin v. LarnedIllinois Supreme Court · 1884
  2. West v. Bank of AmericusSupreme Court of Georgia · 1879

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