Chicago Telephone Co. v. Northwestern Telephone Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Kane county; the Hon. G-. W. Brown, Judge, presiding.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Kane county; the Hon. G-. W. Brown, Judge, presiding. This is a bill, filed in the circuit court of Kane county on July 31,1900, by the appellant, the Chicago Telephone Company, against the appellee, the Northwestern Telephone Company, for the purpose of enjoining appellee from interfering with the poles, wires and telephone system of the appellant, as existing in the streets of the city of Aurora. When the bill was filed, a temporary writ of injunction was issued in accordance…
1Opinion of the CourtChief Justice Magruder
First—The first point made by appellant is, that the ordinance of August 7, 1899, under which appellee proceeded to construct its telephone system in the streets of Aurora, is a void ordinance, and that, for that reason, appellee in such construction proceeded without lawful authority, and is a mere trespasser.
The first ground, upo.n which it is claimed that the ordinance of August 7, 1899, is void, is that it was not read at the time of its presentation to the common council of the city of Aurora on July 17, 1899. When it was presented to the common council, there was in force an ordinance…
2Cases cited18 opinions
- Doane v. Lake Street Elevated RailroadIllinois Supreme Court · 1896
- Richelieu Hotel Co. v. International Military Encampment Co.Illinois Supreme Court · 1892
- City of Belleville v. Citizens' Horse Railway Co.Illinois Supreme Court · 1894
- Pennsylvania Co. v. City of ChicagoIllinois Supreme Court · 1899
- City of Quincy v. BullIllinois Supreme Court · 1883
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3Cited by23 opinions
- Dragovich v. Iroquois Iron Co.Illinois Supreme Court · 1915
- Neiberger v. McCulloughIllinois Supreme Court · 1912
- Marshall v. KeachIllinois Supreme Court · 1907
- City of Springfield v. Postal Telegraph-Cable Co.Illinois Supreme Court · 1912
- Economy Light & Power Co. v. HillerIllinois Supreme Court · 1903
18 more not listed; retrieve them via the Exa API.