Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ... exercise of one of these rights is a waiver of the other, whereas by the very terms of the statute they are concurrent. A personal examination of the premises to be condemned, by the jury, may be desirable in most cases, but is not essential to a trial under the statute." In the Schneider Case it was contended that, by taking possession under the judgment, appellant was barred from prosecuting his appeal. The point was well taken, unless under the statute the petitioner had the right to enter under the judgment, and at the same time seek its reversal by appeal. The court held that such right was settled by the Phelps Case, and that the order and judgment was not error. From a consideration of the entire record, the judgment of the circuit court of Cook county must be affirmed. Affirmed. CARTER, .T., dissents. ' MAGRUDER, .T. The learned chief justice, with that respect for established authority which always characterizes his oflicial conduct, follows the decisions already made by this court. But it is a serious question whether the legislature has any power to authorize a railroad company or a municipal corporation, or any other kind of corporation, to take a man's property, or enter upon it, by merely giving him a bond, and without paying him for his property. The constitution provides that private property cannot be taken without just compensation. Is it just compensation to give a man a bond, upon which he may be compelled to sue in order to get compensation for the property which is taken from him.? As the power thus to take property is sustained by judicial decisions, which it is now diflicult to overrule without interfering with much that has already been done and acted upon, it is to be hoped that the legislative branch of the...