Lake Shore & Michigan Southern Railway Co. v. Chicago & Western Indiana Railroad
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county. The Chicago and Western Indiana Railroad Company instituted proceedings in the county court of Cook county for the condemnation of a right of way across the right of way and railroad track of the Lake Shore and Michigan Southern Railway Company, and also across the right of way and railway track of the Chicago, Rock Island and Pacific Railroad Company, in the city of Chicago.
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Writ of Error to the Superior Court of Cook county. The Chicago and Western Indiana Railroad Company instituted proceedings in the county court of Cook county for the condemnation of a right of way across the right of way and railroad track of the Lake Shore and Michigan Southern Railway Company, and also across the right of way and railway track of the Chicago, Rock Island and Pacific Railroad Company, in the city of Chicago. Pending these proceedings, these two latter companies exhibited their bill in chancery in the Superior Court of Cook county, asking an injunction against the former…
1Opinion of the Court
Walker, J.:
So far as we can gather from the suggestions made in support of this motion, the grounds alleged, if available at all to the party relying upon them, appear to be of a character such as may be interposed as a defence at law in the condemnation proceedings now pending in the county court, so that, even conceding that this court has the power to order a stay of those proceedings, it would not be an appropriate exercise of such a jurisdiction. The defence being of a character which may be made at law, there is no reason for ordering a stay of proceedings in the court in which it may…
2Cited by3 opinions
- Illinois Central Railroad v. City of ChicagoIllinois Supreme Court · 1891
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1894
- Detroit, Grand Haven & Milwaukee Railway Co. v. City of DetroitMichigan Supreme Court · 1892