Cook County v. Calumet & Chicago Canal & Dock Co.
Supreme Court of the United States
ERROR TO THE SUFREME COURT OF THE STATE OF ILLINOIS. This was an action of ejectment brought by the county of Cook, in the Circuit Court of Cook County, Illinois, on the 31st of January, 1883, against the Calumet and Chicago Canal and Dock Company, to recover the S.W. £ of section 7, township 37 N., R. lo E., of the third principal meridian, north of the Indian boundary line, containing lOyYo acres, except a strip of land held for a railroad right of ivay.
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ERROR TO THE SUFREME COURT OF THE STATE OF ILLINOIS. This was an action of ejectment brought by the county of Cook, in the Circuit Court of Cook County, Illinois, on the 31st of January, 1883, against the Calumet and Chicago Canal and Dock Company, to recover the S.W. £ of section 7, township 37 N., R. lo E., of the third principal meridian, north of the Indian boundary line, containing lOyYo acres, except a strip of land held for a railroad right of ivay. Judgment passed for the defendant, and ivas affirmed by the Supreme Court of the State on error. The opinion, .by Mr. Justice Craig, will…
1Opinion of the CourtChief Justice Fuller
The rule is settled that to give this court jurisdiction of a writ of error to a state- court it must appear affirmatively, not only that a federal question was presented for decision by the highest court of the State having jurisdiction, but that its decision was necessary to the determination of the cause, and that it was actually decided, or that the judgment ás rendered could not have .been given without deciding it. De Saussure v. Gaillard, 127 U. S. 216; Johnson v. Risk, 137 U. S. 300. Tested by this rule this writ of error, cannot be sustained. .
The Supreme Court of Illinois held that…
2Cases cited11 opinions
- Cornelius v. KesselSupreme Court of the United States · 1888
- Gormley v. ClarkSupreme Court of the United States · 1890
- Johnson v. RiskSupreme Court of the United States · 1890
- Baltimore & Potomac Railroad v. HopkinsSupreme Court of the United States · 1889
- Mills County v. Railroad CompaniesSupreme Court of the United States · 1883
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3Cited by25 opinions
- Eustis v. BollesSupreme Court of the United States · 1893
- Blackburn v. Portland Gold Mining Co.Supreme Court of the United States · 1900
- Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910
- Everglades Sugar & Land Co. v. BryanSupreme Court of Florida · 1921
- Abbott v. Tacoma Bank of CommerceSupreme Court of the United States · 1899
20 more not listed; retrieve them via the Exa API.