City of Mt. Carmel v. Shaw
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Wabash county; the Hon. Silas Z. Landes, Judge, presiding. The appellees are the owners and in possession of lot 329, situated on the north side of Sixth street, in the city of Mt. Carmel, Illinois, near the center, in width, of which lot is located their dwelling house, in which they have resided for about thirty years.
Read the full summary
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Wabash county; the Hon. Silas Z. Landes, Judge, presiding. The appellees are the owners and in possession of lot 329, situated on the north side of Sixth street, in the city of Mt. Carmel, Illinois, near the center, in width, of which lot is located their dwelling house, in which they have resided for about thirty years. On each side of the front of their house, in the street, are two large maple trees, about forty feet high and two feet in diameter. They were planted about the…
1Opinion of the CourtJustice Baker
By the general Incorporation act, under which the city of Mt. Carmel is organized, it has power to lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve its streets a.nd sidewalks, and vacate the same. It may do anything with its streets which is not incompatible with the end for which streets are established. (Roberts v. City of Chicago, 26 Ill. 249; Murphy v. City of Chicago, 29 id. 279.) And where the municipal authorities are acting within their well-recognized powers, or are exercising a discretionary power, a court of equity has no jurisdiction to interfere,…
2Cases cited8 opinions
- Smith v. McDowellIllinois Supreme Court · 1893
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- Meyer v. Village of TeutopolisIllinois Supreme Court · 1890
- Village of Hyde Park v. DunhamIllinois Supreme Court · 1877
- Brush v. City of CarbondaleIllinois Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- City of Chicago v. Gunning SystemIllinois Supreme Court · 1905
- Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
- Murphy v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1910
- Chicago Telephone Co. v. Northwestern Telephone Co.Illinois Supreme Court · 1902
- Webber v. Salt Lake CityUtah Supreme Court · 1911
24 more not listed; retrieve them via the Exa API.