Legal Opinion

Chicago, Danville & Vincennes Railway Co. v. Lœwenthal

Illinois Supreme Court

Decided September 15, 1879PublishedCited by 5 opinions

Appeal from the Circuit Court of Cook county. Prior to June, 1873, the Chicago, Danville and Vincennes Railroad Company—having a charter' to build and operate a railroad from Danville, Illinois, to the city of Chicago—had built its road from Danville to a point in Cook county called Dalton,' some twenty miles south of Chicago, and had it in operation, running its cars from Dalton into Chicago upon the track of another railroad company, whose track it intersected at Dalton.

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Appeal from the Circuit Court of Cook county. Prior to June, 1873, the Chicago, Danville and Vincennes Railroad Company—having a charter' to build and operate a railroad from Danville, Illinois, to the city of Chicago—had built its road from Danville to a point in Cook county called Dalton,' some twenty miles south of Chicago, and had it in operation, running its cars from Dalton into Chicago upon the track of another railroad company, whose track it intersected at Dalton. This corporation also owned or had some interest in a line of railroad extending from Danville, Illinois, to some point…

1Opinion of the CourtJustice Dickey

The decree in this case is not sustained by matters found in the record.

This is simply a bill by Loawenthal to foreclose a mortgage, and the property upon which such foreclosure is granted by the decree in this case is a section of twelve miles of a railroad, to be so taken out of the whole line of such railroad as to leave at each end of such section parts which without this section would be utterly valueless for the purposes of their construction. This section of railroad is sought to be subjected to the lien of the mortgage as the property of the Chicago, Danville and Vincennes Railway…

2Cited by5 opinions

  1. Peoria & Springfield Railroad v. ThompsonIllinois Supreme Court · 1882
  2. Barrett v. HinckleyIllinois Supreme Court · 1888
  3. Mullanphy Savings Bank v. SchottIllinois Supreme Court · 1891
  4. Christoffel v. LeeAppellate Court of Illinois · 1910
  5. McCormick v. BuehlerAppellate Court of Illinois · 1896

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