Calumet River Railway Co. v. Brown
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. 0. H. Horton, Judge, presiding.' This is a hill filed on August 7, 1888, in the Circuit Court of Cook County by the Calumet River Railway Company, one of the appellants herein, against the appellee, Brown and his wife, and the appellant, George R. Davis, the latter being the County Treasurer of Cook County, and also against one Richard C.…
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. 0. H. Horton, Judge, presiding.' This is a hill filed on August 7, 1888, in the Circuit Court of Cook County by the Calumet River Railway Company, one of the appellants herein, against the appellee, Brown and his wife, and the appellant, George R. Davis, the latter being the County Treasurer of Cook County, and also against one Richard C. Dale of Philadelphia, Penn., and four persons, composing the firm of Drexel & Co. of said city of Philadelphia. The hill,…
1Opinion of the CourtJustice Magruder
In this case, the appellant railway company instituted the proceeding for condemnation of the land against the owner of the equity of redemption, and omitted to make the mortgagee a party to the proceeding. This omission was not due to the carelessness or negligence of the railway company, but was the result of a mistake. Section 2 of the Eminent Domain Act provides that the petition shall state the names of “all persons interested as owners or otherwise” in the property to be taken or damaged. The holder of a mortgage upon the property is such an owner or interested party as should be made a…
2Cases cited4 opinions
- Sherwood v. City of LafayetteIndiana Supreme Court · 1887
- Chicago, Burlington & Quincy Railroad v. ChamberlainIllinois Supreme Court · 1876
- Kennedy v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
- Wilson v. European & North American Railway Co.Supreme Judicial Court of Maine · 1877
3Cited by17 opinions
- Swanson v. United StatesCourt of Appeals for the Ninth Circuit · 1946
- Goldfield Consolidated Milling & Transportation Co. v. Old Sandstorm Annex Gold Mining Co.Nevada Supreme Court · 1915
- North Coast Railway Co. v. HessWashington Supreme Court · 1909
- Omaha Bridge & Terminal Railway Co. v. ReedNebraska Supreme Court · 1903
- In Re D'EllenaSupreme Court of Rhode Island · 1994
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