City of Chicago v. Shepard
Appellate Court of Illinois
Appeal from the Circuit Couit oí Cook county; the Hon. John Gr. Bogers, Judge, presiding. March 17, 1873, an ordinance was passed by the city of Chicago for the opening and extension of Dearborn street south of Jackson to Fourteenth street ard for the condemnation of the land requisite for that purpose:; and also that the expense and cost of the improvement he paid by special assessment of property thereby benefited.
Read the full summary
Appeal from the Circuit Couit oí Cook county; the Hon. John Gr. Bogers, Judge, presiding. March 17, 1873, an ordinance was passed by the city of Chicago for the opening and extension of Dearborn street south of Jackson to Fourteenth street ard for the condemnation of the land requisite for that purpose:; and also that the expense and cost of the improvement he paid by special assessment of property thereby benefited. The lines of the proposed improvement included a large number of different páreles of land owned by different persons among which was lot 6 in block 122 school section addition…
1Opinion of the CourtMcAllister, P. J.
Looking beyond the mere matters of inducement to the real cause of action, and some that are mere surplusage contained in plaintiff’s declaration, we find that the essential elements of such cause of action, and upon which alone a recovery can be had, if at all, are (1), a good title in fee in himself at the time to the portion of his lot which the defendant sought to have condemned for public use; (2), a regular judgment in his favor of a court of record of the county, 'ascertaining the amount of compensation to be paid him for the portion of said lot so sought to be condemned; and (3), the…
2Cases cited5 opinions
- City of Chicago v. BarbianIllinois Supreme Court · 1875
- St. Louis & Southeastern Railway Co. v. TetersIllinois Supreme Court · 1873
- Lycoming Fire Insurance v. RubinIllinois Supreme Court · 1875
- Lafayette, Bloomington & Mississippi Railroad v. WinslowIllinois Supreme Court · 1872
- Town of Petersburg v. MetzkerIllinois Supreme Court · 1859
3Cited by8 opinions
- In re Third, Fourth & Fifth Avenues, SeattleWashington Supreme Court · 1908
- City of Dallas v. BergfieldCourt of Appeals of Texas · 1922
- City of Chicago v. Harris Trust & Savings BankAppellate Court of Illinois · 2004
- Rice v. City of ChicagoAppellate Court of Illinois · 1895
- City of Chicago v. WeberAppellate Court of Illinois · 1901
3 more not listed; retrieve them via the Exa API.