Chicago & Milwaukee Railroad v. Bull
This text of 20 Ill. 218 (Chicago & Milwaukee Railroad v. Bull) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The order entered at October term, 1856, awarding execution, was irregular and unauthorized, and must be set aside.
It is true that the expenses attending the assessment of damages for right of way include costs, but they stand on the same footing as the damages awarded for which execution cannot issue. The law does not so provide. They are to be paid by the company before they can take possession of the land condemned or acquire any right to it whatever.
The judgment awarding execution is reversed and the cause remanded.
Judgment reversed.
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Cite This Page — Counsel Stack
20 Ill. 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicago-milwaukee-railroad-v-bull-ill-1858.