Lowery v. City of Pekin
Illinois Supreme Court
Writ of Error to the Circuit Court of Peoria county; the Hon. L. D. Puterbaugh, Judge, presiding. The original bill in this case was filed on July 19,1898. A demurrer was filed and sustained to the original bill, and leave was granted to the complainant therein to amend the bill. Accordingly, on January 11, 1899, a supplemental and amended bill was filed.
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Writ of Error to the Circuit Court of Peoria county; the Hon. L. D. Puterbaugh, Judge, presiding. The original bill in this case was filed on July 19,1898. A demurrer was filed and sustained to the original bill, and leave was granted to the complainant therein to amend the bill. Accordingly, on January 11, 1899, a supplemental and amended bill was filed. To this supplemental and amended bill a general demurrer was filed; and, the demurrer having been sustained, the bill was dismissed. The present writ of error is sued out from this court for reversing the decree of the circuit court, which…
1Opinion of the CourtJustice Magruder
A wag'on road existed, running westward from the west side of the Illinois river opposite the city of Pekin to a public road running north and south at the Orchard mines, owned by the plaintiff in error. An embankment was constructed by Schenck, the grantor of the plaintiff in error, along the north side of this wagon road westward from the bridge over the Illinois river to the mines in question. The right of way, upon which this embankment was built, was upon ground, two-thirds of which was owned by the city of Pekin, and one-third of which was owned by the plaintiff in error, Lowery.…
2Cases cited4 opinions
- Chicago General Railway Co. v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1899
- McCann v. DayIllinois Supreme Court · 1870
- Carpenter v. Capital Electric Co.Illinois Supreme Court · 1899
- Bryan v. City of East St. LouisAppellate Court of Illinois · 1883
3Cited by9 opinions
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- Lingo v. Page CountySupreme Court of Iowa · 1926
- Pueblo ex rel. Esteves v. Rabell CabreroSupreme Court of Puerto Rico · 1926
- Bunker v. City of WoodstockAppellate Court of Illinois · 1912
- Grootens v. StateCourt of Claims of Illinois · 1930
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