Legal Opinion

Chicago, Rock Island & Pacific Railroad v. City of Joliet

Illinois Supreme Court

Decided September 15, 1875PublishedCited by 68 opinions

Appeal from the Circuit Court of Will county; the Hon. Josiah McEoberts, Judge, presiding. On the 10th day of June, 1834, James B. Campbell laid out the town of Juliet, upon land then situate in the county of Cook. A plat thereof was made and recorded. There was a block of land on the plat marked “public ground.” On the 16th of February, 1835, A. W. Bowen laid out the adjoining town of East Juliet. A plat thereof was made and recorded.

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Appeal from the Circuit Court of Will county; the Hon. Josiah McEoberts, Judge, presiding. On the 10th day of June, 1834, James B. Campbell laid out the town of Juliet, upon land then situate in the county of Cook. A plat thereof was made and recorded. There was a block of land on the plat marked “public ground.” On the 16th of February, 1835, A. W. Bowen laid out the adjoining town of East Juliet. A plat thereof was made and recorded. On this plat there was also a space marked “public ground.” In fact, these parcels in the two plats marked “public ground” were side by side, separated only by…

1Opinion of the CourtJustice Sheldon

A question is raised as to the effect of the plat of Juliet made by Jas. B. Campbell; that, as recorded, it does not appear to have been acknowleged in conformity with the statute, and therefore did not vest the fee of the streets, and what is marked “public ground,” in the town or city, as the statute declares that a plat made out, certified, acknowledged and recorded as required by its provisions, shall do. An attempt was made, by parol evidence, to supply the apparent alleged defect.

We shall not stop to discuss the sufficiency of this evidence to the end proposed, as the conclusion which…

2Cases cited14 opinions

  1. Yates v. MilwaukeeSupreme Court of the United States · 1871
  2. Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
  3. Drake v. Hudson River RailroadNew York Supreme Court · 1849
  4. Lane v. KennedyOhio Supreme Court · 1861
  5. Moses v. Pittsburgh, Fort Wayne & Chicago RailroadIllinois Supreme Court · 1859

9 more not listed; retrieve them via the Exa API.

3Cited by68 opinions

  1. Hickey v. Illinois Central RailroadIllinois Supreme Court · 1966
  2. Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
  3. City of Chicago v. WardIllinois Supreme Court · 1897
  4. Lyman v. GedneyIllinois Supreme Court · 1885
  5. State Upon the Information of McKittrick v. Missouri Utilities Co.Supreme Court of Missouri · 1936

63 more not listed; retrieve them via the Exa API.

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