Legal Opinion

Roby v. City of Chicago

Illinois Supreme Court

Decided June 23, 1905PublishedCited by 11 opinions

Appeal from the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding. This is a bill in chancery filed by the appellant, Edward Roby, as a citizen, resident and tax-payer of the city of Chicago, in the circuit court of Cook county, against the city of Chicago, in which it is averred that the public streets of said city are unlawfully occupied by certain street railways; that the corporations operating said street railways collect annually lafge sums of…

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Appeal from the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding. This is a bill in chancery filed by the appellant, Edward Roby, as a citizen, resident and tax-payer of the city of Chicago, in the circuit court of Cook county, against the city of Chicago, in which it is averred that the public streets of said city are unlawfully occupied by certain street railways; that the corporations operating said street railways collect annually lafge sums of money as fares from the persons riding on their street cars which of right belong to said city and ought to be used to pay…

1Opinion of the CourtJustice Hand

The bill in this case was filed against the city of Chicago for the purpose of having the circuit court direct the law-officers of said city what defense they shall interpose upon behalf of the city in certain suits brought in the Circuit Court of the United States against said city, involving the validity of the franchises of certain street railway companies to operate street railroads in certain of the streets of said city.

The city of Chicago has a law department, which is charged with the duty of representing said city in court in all suits at law, in equity or otherwise, which may be…

2Cases cited3 opinions

  1. People ex rel. Jackson v. Suburban RailroadIllinois Supreme Court · 1899
  2. Stevens v. St. Mary's Training SchoolIllinois Supreme Court · 1893
  3. McCord v. PikeIllinois Supreme Court · 1887

3Cited by11 opinions

  1. Parkway Bank & Trust v. City of DarienAppellate Court of Illinois · 1976
  2. Ehrlich v. Village of WilmetteIllinois Supreme Court · 1935
  3. Fletcher v. City of ParisIllinois Supreme Court · 1941
  4. Lobdell v. City of ChicagoIllinois Supreme Court · 1907
  5. Arlington Heights National Bank v. Village of Arlington HeightsIllinois Supreme Court · 1966

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