Legal Opinion

Chicago, Burlington & Quincy Railroad v. Malmgren

Appellate Court of Illinois

Decided February 23, 1922No. Gen No. 6,964PublishedCited by 1 opinion

Appeal from the Circuit Court of Kane county; the Hon. C. F. Irwin, Judge, presiding. Heard in this court at the October term, 1921. Certiorari denied by Supreme Court (making opinion final).

1Opinion of the CourtJustice Jones

Tlie appellant railroad company filed its bill of complaint in the circuit court of Kane county for an injunction to restrain the appellee, Malmgren, from tearing down fencing and trespassing upon its right of way. Answer was filed and proofs taken and heard. The court entered a decree dismissing the hill for want of equity, and the complainant attempted to appeal this cause to the Supreme Court alleging that a freehold was involved. The Supreme Court held that no freehold was involved and transferred the cause to this court. (Chicago, B. & Q. R. Co. v. Malmgren, 297 Ill. 477.) The undisputed…

2Cases cited2 opinions

  1. Mississippi R. Commission v. Illinois Cent. R.Mississippi Supreme Court · 1916
  2. Chicago, Burlington & Quincy Railroad v. MalmgrenIllinois Supreme Court · 1921

3Cited by1 opinion

  1. Wehde v. Regional Transportation AuthorityAppellate Court of Illinois · 1992

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