Legal Opinion

Valley Terminal Railway v. Eggman

Appellate Court of Illinois

Decided November 10, 1921PublishedCited by 1 opinion

Appeal from the Circuit Court of St. Clair county; the Hon. M. Millard, Judge, presiding. Heard in this court á¡t the March term, 1921.

1Opinion of the CourtJustice Boggs

This case comes to this court on appeal from an order entered by the circuit court of St. Clair county for the payment of the costs, expenses, and attorneys’ fees incurred by appellants, defendants below, in a condemnation proceeding brought by appellee, the Valley Terminal Bailway, and which had theretofore been voluntarily dismissed by said railway company. The action is based on the proviso of chapter 47, known as the Eminent Domain Statute (Cahill’s Ill. St. ch. 47, ¶ 10) and which proviso reads as follows:

“Provided, that in case the petitioner shall dismiss said petition before the entry…

2Cases cited9 opinions

  1. Gehrke v. GehrkeIllinois Supreme Court · 1901
  2. Chicago & Southern Traction Co. v. FlahertyIllinois Supreme Court · 1906
  3. Rieker v. City of DanvilleIllinois Supreme Court · 1903
  4. Tedrick v. HinerIllinois Supreme Court · 1871
  5. City of East St. Louis v. FreelsAppellate Court of Illinois · 1885

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3Cited by1 opinion

  1. Wright v. BairdAppellate Court of Illinois · 1928

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