Legal Opinion

Village of Dolton v. Dolton

Illinois Supreme Court

Decided February 18, 1903PublishedCited by 11 opinions

Writ of Error to the Circuit Court of Cook county; the Hon. Charles G. Neely, Judge, presiding. The defendant in error, George A. Dolton, filed his amended bill in the circuit court of Cook county, represen ting that the village of Dolton, by M. Eobert Weidner, the president of its board of trustees, commenced an action against defendant in error before John E. Schafer, a justice of the peace, by filing a written complaint, in which he is charged with encroaching upon,…

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Writ of Error to the Circuit Court of Cook county; the Hon. Charles G. Neely, Judge, presiding. The defendant in error, George A. Dolton, filed his amended bill in the circuit court of Cook county, represen ting that the village of Dolton, by M. Eobert Weidner, the president of its board of trustees, commenced an action against defendant in error before John E. Schafer, a justice of the peace, by filing a written complaint, in which he is charged with encroaching upon, encumbering and obstructing Hobson avenue, a public highway in said village, by placing a fence thereon and dig'ging holes…

1Opinion of the CourtJustice Carter

This case was before this court in Village of Dolton v. Dolton, 196 Ill. 154, on appeal from a judgment of the Appellate Court dismissing the appeal to that court for lack of jurisdiction to hear the appeal. (Village of Dolton v. Dolton, 99 Ill. App. 141.) In disposing of the case the Appellate Court did not consider the merits of the controversy, but dismissed the appeal on the express ground that the complainant in the bill of complaint claimed the ownership of the land, and because the decree found such ownership in him, a freehold being involved. This judgment of dismissal was affirmed by…

2Cases cited11 opinions

  1. Chaplin v. Commissioners of HighwaysIllinois Supreme Court · 1888
  2. Town of Brushy Mound v. McClintockIllinois Supreme Court · 1893
  3. Town of Brushy Mound v. McClintockIllinois Supreme Court · 1894
  4. Holmes v. StatelerIllinois Supreme Court · 1870
  5. Lachman v. DeischIllinois Supreme Court · 1873

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3Cited by11 opinions

  1. Town of Audubon v. HandIllinois Supreme Court · 1906
  2. Delta Die Casting Co. v. Village of Schiller ParkAppellate Court of Illinois · 1958
  3. Whitely v. St. Louis, E. R. & W. Ry. Co.Supreme Court of Oklahoma · 1911
  4. City of Tyler v. StoryCourt of Appeals of Texas · 1906
  5. Wood Garage v. JasperNew Mexico Supreme Court · 1937

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