Pearce v. City of Chicago

Appellee filed its petition in the Superior Court of Cook county, under article 9 of the act for the incorporation of cities and villages, for the condemnation of certain tracts of land belonging to the appellants, respectively, over which tracts the city was proceeding to open and widen Seventieth street. The appellants moved to dismiss the petition and proceedings on the ground that the same lands had been previously condemned in a former proceeding by the city had for the same purpose, and that the judgment therein had not been paid. In support of this motion affidavits were filed and the…