Chicago, Burlington & Quincy Railway Co. v. Abbott
Illinois Supreme Court
Appeal from the Circuit Court of Hancock county; the Hon. John A, Gray, Judge, presiding. Appellee obtained a judgment in an action of ejectment against appellant in the Hancock circuit court at the October term, 1904, and appellant prosecutes this appeal and assigns errors upon the record.
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Appeal from the Circuit Court of Hancock county; the Hon. John A, Gray, Judge, presiding. Appellee obtained a judgment in an action of ejectment against appellant in the Hancock circuit court at the October term, 1904, and appellant prosecutes this appeal and assigns errors upon the record. At the hearing appellant offered twelve propositions of law to be held or refused by the court, and the court held two of them and refused all the others, and appellant excepted, and the questions of law are by them presented. Other questions were raised as to the admissibility and rejection of the…
1Opinion of the CourtChief Justice Ricks
We are of opinion that the court did not err in excluding the proceedings before the justice of the peace for two reasons: First, because there was no notice of the proceeding given to the owner of the land; and second, because the report of the commissioners, as we think, shows that they did not take into consideration or assess or estimate the damages on the tract of land in controversy, and that whatever effect could be given to a proceeding such as that, however regular upon its face, it is quite clear that the proceeding in question could not have been given the effect of conveying…
2Cases cited4 opinions
- Illinois Central Railroad v. MooreIllinois Supreme Court · 1895
- Peoria & Rock Island Railway Co. v. WarnerIllinois Supreme Court · 1871
- Converse v. Calumet River Railway Co.Illinois Supreme Court · 1902
- Stalford v. GoldringIllinois Supreme Court · 1902
3Cited by1 opinion
- General Auto Service Station v. ManiatisAppellate Court of Illinois · 2002