St. Louis & Cairo Railroad v. Postal Telegraph Co.
Illinois Supreme Court
Appeal from the County Court of Jackson' county; the Hon. R. J. McElvain, Judge, presiding. This is a petition, filed on June 4, 1897, in the county court of Jackson county by the appellee, a telegraph company, organized under the laws of Illinois on April 20, 1887, for the purpose of condemning a right of way for its telegraph line upon and along the right of way of the St. Louis and Cairo Railroad Company from Cairo in Alexander county to East St. Louis in St. Clair…
Read the full summary
Appeal from the County Court of Jackson' county; the Hon. R. J. McElvain, Judge, presiding. This is a petition, filed on June 4, 1897, in the county court of Jackson county by the appellee, a telegraph company, organized under the laws of Illinois on April 20, 1887, for the purpose of condemning a right of way for its telegraph line upon and along the right of way of the St. Louis and Cairo Railroad Company from Cairo in Alexander county to East St. Louis in St. Clair county, a distance of about 152 miles. The petition alleges, that the St. Louis and Cairo Railroad Company was a corporation…
1Opinion of the CourtJustice Magruder
First—The defendants, limiting their appearance for the purpose, moved to quash the summons, upon the ground that this proceeding was begun in vacation and summons was returnable to the court, and not to the judge. This motion was properly overruled. The contention of the appellants is, that the county court obtained no jurisdiction of them by the service of summons, because the summons was returnable to the court, instead of being returnable to the judge of the court. Section 3 of the Eminent Domain act provides, that, if the petition is presented to a judge in vacation, the judge shall note…
2Cases cited19 opinions
- Chicago & Northwestern Railway Co. v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
- Chicago & Alton Railroad v. Joliet, Lockport & Aurora Railway Co.Illinois Supreme Court · 1882
- Chicago, Burlington & Quincy Railroad v. City of ChicagoIllinois Supreme Court · 1894
- Western Union Telegraph Co. v. American Union Telegraph Co.Supreme Court of Georgia · 1880
- Brown v. Miner, Frost & HubbardIllinois Supreme Court · 1889
14 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Illinois Power & Light Corp. v. TalbottIllinois Supreme Court · 1926
- Central New York Telephone & Telegraph Co. v. AverillNew York Court of Appeals · 1910
- Atlantic Coast Line Railroad v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1904
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
- Illinois Power & Light Corp. v. PetersonIllinois Supreme Court · 1926
39 more not listed; retrieve them via the Exa API.