Emerson v. Western Union Railroad
Illinois Supreme Court
Appeal from the Circuit Court of Winnebago county; the Hon. William Brown, Judge, presiding. This was a proceeding instituted hy the appellee against the appellant to have compensation ascertained for real estate previously taken as a right of way. The facts of the case are stated in the opinion.
1Opinion of the CourtJustice McAllister
We are of the opinion that appellee’s counsel has demonstrated, by reference to public laws, that appellee, at the time of commencing this proceeding, was authorized to exercise the right of eminent domain. Besides, the petition contains an allegation of such authority as required by the statute, and after filing the petition, but before the appointment of commissioners, appellant appeared, filed a written protest as ground for a motion to quash the proceedings for want of jurisdiction apparent upon the face of the petition. The latter was under the act of 1852, and filed with the clerk of…
2Cited by2 opinions
- Metropolitan West Side Elevated Railway Co. v. StickneyIllinois Supreme Court · 1894
- Brand v. KleineckeAppellate Court of Illinois · 1898