Legal Opinion

Cella v. Chicago & Western Indiana Railroad

Illinois Supreme Court

Decided October 24, 1905PublishedCited by 5 opinions

Appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This is a petition for condemnation, filed on May 23, 1902, in the superior court of Cook county by the appellee railroad company against one John G. Cella, the owner of the property sought to be condemned.

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Appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This is a petition for condemnation, filed on May 23, 1902, in the superior court of Cook county by the appellee railroad company against one John G. Cella, the owner of the property sought to be condemned. During the pendency of the proceeding, to-wit, in September, 1903, John G. Cella died, and, his death having been suggested, the appellants, his heirs, were made parties defendant to the petition. The property, sought to be condemned, consists of two lots, having a frontage of twenty feet each on the…

1Opinion of the CourtJustice Magruder

Appellee has filed its motion in this court to expunge from the record that part of the bill of exceptions, which relates to matters preliminary to the trial by the jury. Appellee’s motion to dismiss the petition for condemnation was made at the October term, 1904, of the superior court of Cook county, and was overruled on November 2, 1904, the latter day being also one of the days of the October term, 1904, of said court. No bill of exceptions was taken or filed to the overruling of the motion to dismiss at the October term, nor was any leave granted for time for settling the bill of…

2Cases cited3 opinions

  1. Hake v. StrubelIllinois Supreme Court · 1887
  2. Guyer v. Davenport, Rock Island & Northwestern Ry. Co.Illinois Supreme Court · 1902
  3. Wallace v. CurtissIllinois Supreme Court · 1864

3Cited by5 opinions

  1. George B. Swift Co. v. GaylordAppellate Court of Illinois · 1906
  2. People v. StrauchAppellate Court of Illinois · 1910
  3. Smith v. HunterAppellate Court of Illinois · 1912
  4. Public Service Co. v. RietveldIllinois Supreme Court · 1925
  5. Scott v. Freeport Motor Casualty Co.Appellate Court of Illinois · 1941

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