Doane v. Chicago City Railway Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Adams, Judge, presiding. This is an action of debt begun by appellant against appellee. A demurrer was filed to the declaration; the circuit court sustained the demurrer; the plaintiff elected to stand by his declaration; and judgment was rendered against him for the costs.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Adams, Judge, presiding. This is an action of debt begun by appellant against appellee. A demurrer was filed to the declaration; the circuit court sustained the demurrer; the plaintiff elected to stand by his declaration; and judgment was rendered against him for the costs. Upon appeal to the Appellate Court the judgment of the circuit court was affirmed; and the present appeal is prosecuted from such judgment of affirmance rendered by the Appellate…
1Opinion of the CourtJustice Magruder
The allegations of the declaration are admitted by the demurrer to be true. The recitals'in the instrument sued upon by the plaintiff must be assumed to be true as against him. The defendant, the Chicago City Railway Company, wanted to obtain from the city council of Chicago the authority to lay its street railway tracks on Wabash avenue in that city from Lake street to Madison street. By an act of the legislature approved February 14, 1859, entitled “An act to promote the construction of horse railways in the city of Chicago,” under which the said railway company was incorporated for a term…
2Cases cited14 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Trist v. ChildSupreme Court of the United States · 1875
- Marshall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1854
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
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3Cited by26 opinions
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- Cole v. Brown-Hurley Hardware Co.Supreme Court of Iowa · 1908
- White v. McCoy Land Co.Missouri Court of Appeals · 1935
- McGann v. People ex rel. CoffeenIllinois Supreme Court · 1902
- Goodrich v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1924
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