Legal Opinion

Wells v. Northern Trust Co.

Illinois Supreme Court

Decided February 21, 1902PublishedCited by 6 opinions

Writ op Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. In March, 1888, the Chicago and South Side Rapid Transit Railroad Company was organized under the laws of Illinois for the purpose of constructing and operating an elevated railroad on the south side, in the city of Chicago.

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Writ op Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. In March, 1888, the Chicago and South Side Rapid Transit Railroad Company was organized under the laws of Illinois for the purpose of constructing and operating an elevated railroad on the south side, in the city of Chicago. Its capital stock, amounting to §7,500,000, was divided into shares of §100 each and was subscribed for by six persons, five of them taking and paying for one share each and the remaining…

1Opinion of the CourtJustice Carter

It is contended by counsel for the receiver that the mortgages executed by his company, the Chicago and South Side Rapid Transit Railroad Company,-were made in violation of the limitations placed upon the company by section 16 of the ordinance of the city of Chicago, granting it permission and authority to construct, maintain and operate its road, and were therefore ultra vires and void, and that the company and its stockholders are not estopped from denying the same, and that the sale of the rights granted by the city in this ordinance should not have been included in the decree of sale. The…

2Cases cited6 opinions

  1. Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
  2. Higgins v. LansinghIllinois Supreme Court · 1895
  3. Peoria & Springfield Railroad v. ThompsonIllinois Supreme Court · 1882
  4. Byrne v. Chicago General Railway Co.Illinois Supreme Court · 1897
  5. Tudor v. Chicago & South Side Rapid Transit RailroadIllinois Supreme Court · 1894

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3Cited by6 opinions

  1. Bluefields S. S. Co. v. United Fruit Co.Court of Appeals for the Third Circuit · 1917
  2. Metropolitan Sanitary District of Greater Chicago Ex Rel. O'Keeffe v. Ingram Corp.Illinois Supreme Court · 1981
  3. Johnson v. King-Richardson Co.Court of Appeals for the First Circuit · 1930
  4. Babcock v. FarwellAppellate Court of Illinois · 1909
  5. State ex rel. Tyrrell v. Lincoln Traction Co.Nebraska Supreme Court · 1912

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