Smith v. Claussen Park Drainage & Levee District
Illinois Supreme Court
Appear from the County Court of Kankakee county; the Hon. A. W. Deselm, Judge, presiding. This is an appeal from a judgment of the county court of Kankakee county in a proceeding to condemn lands, instituted by the Claussen Park Drainage and Levee District, against Thomas Smith, Harriet Smith, Thomas Daily, and others. The proceeding was commenced by the drainage and levee district against the land owners for the purpose of acquiring certain land for ditches and drains.
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Appear from the County Court of Kankakee county; the Hon. A. W. Deselm, Judge, presiding. This is an appeal from a judgment of the county court of Kankakee county in a proceeding to condemn lands, instituted by the Claussen Park Drainage and Levee District, against Thomas Smith, Harriet Smith, Thomas Daily, and others. The proceeding was commenced by the drainage and levee district against the land owners for the purpose of acquiring certain land for ditches and drains. The petition was filed on the 9th day of February, 1907, and avers that petitioner is a body politic, incorporated and…
1Opinion of the CourtJustice Vickers
First—The motion to dismiss attacks the jurisdiction of the court, appellants contending that certain provisions of the Drainage and Levee act which have heretofore been decided to be in violation of the constitution, and therefore invalid, bear such relation to the other provisions of the act as to invalidate the whole of the act, the contention being that if the whole act is void then the appellee has no legal existence, and hence no right to maintain this proceeding.
It is an established rule that where a statute is passed to accomplish a single object and some of its provisions are void,…
2Cases cited15 opinions
- Chicago & Alton Railroad v. Joliet, Lockport & Aurora Railway Co.Illinois Supreme Court · 1882
- Chicago, Rock Island & Pacific R. R. v. Town of LakeIllinois Supreme Court · 1874
- Ward v. Minnesota & Northwestern RailroadIllinois Supreme Court · 1887
- Elgin, Joliet & Eastern Railroad v. FletcherIllinois Supreme Court · 1889
- Wabash Railroad Co. v. Coon Run Drainage & Levee DistrictIllinois Supreme Court · 1901
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3Cited by20 opinions
- City of Tulsa v. WilliamsSupreme Court of Oklahoma · 1924
- Newby & White v. Drainage DistrictSupreme Court of North Carolina · 1913
- Union Electric Power Co. v. SaugetIllinois Supreme Court · 1953
- Department of Public Works & Buildings v. LewisIllinois Supreme Court · 1952
- Department of Public Works & Buildings v. KellyAppellate Court of Illinois · 1976
15 more not listed; retrieve them via the Exa API.