Stubbings v. City of Evanston

CourtSupreme Court of Illinois
Writing for the CourtMAGRUDER
Citation156 Ill. 338,40 N.E. 966
Decision Date15 May 1895
PartiesSTUBBINGS v. CITY OF EVANSTON.

156 Ill. 338
40 N.E. 966

STUBBINGS
v.
CITY OF EVANSTON.
1

Supreme Court of Illinois.

May 15, 1895.


Appeal from Cook county court; George W. Brown, Judge.

Condemnation proceedings by the city of Evanston against Wilson H. Stubbings. There was judgment of condemnation. Defendant appeals. Reversed.


[156 Ill. 338]Hoyne, Follansbee & O'Connor, for appellant.

156 Ill. 339]George S. Baker, for appellee.
MAGRUDER, J.

This is a proceeding instituted in the county court of Cook county by the city of Evanston to condemn a part of appellant's lot and other property for the purpose of opening and extending a certain road in that city. Appellant filed a cross petition, asking for damages to the remainder of his land not taken. The verdict of the jury awarded $10,000 as compensation for the value of appellant's interest in the land taken, but awarded nothing for damages to the land not taken. Motion for new trial was overruled, and judgment was rendered on the verdict, from which judgment the present appeal is prosecuted.

One of the errors assigned is that ‘the judge before whom the cause was tried did not have jurisdiction in the cause.’ This assignment of error is based upon the following facts: The placita at the beginning of the record contains the following recital: ‘Pleas before Hon. Frank Scales, sole presiding judge of the county court of Cook county,’-while the bill of exceptions, which contains in its entitlement the name of the county court of Cook county, recites as follows: ‘Be it remembered that heretofore, to wit, on the 29th day of June, 1893, being one of the days of said term of court before his honor, George W. Brown, one of the judges of said court, presiding, and a jury, this cause came on for trial upon the pleadings heretofore filed herein.’ There is a manifest contradiction between the placita and the bill of exceptions. Not only is this so, but the placita and the bill of exceptions, when read together, plainly assert that there are two judges of the county [156 Ill. 340]court of Cook county. If the judge named in the placita was the sole judge of the county court of Cook county, then and judge named in the bill of exceptions had no jurisdiction to try the cause, because, under the constitution of this state, there can be but one judge of the county court of a county. Section 18 of article 6 of the constitution says: ‘There shall be elected in and for each county one county judge and one clerk of the county court whose term of office shall...

To continue reading

Request your trial
4 practice notes
  • Fisher v. City of Chicago
    • United States
    • Supreme Court of Illinois
    • December 22, 1904
    ...E. 524), and he could legally hold the county court in Cook county. This is not the same question raised in Stubbings v. City of Evanston, 156 Ill. 338, 40 N. E. 966, where it appeared from the record that one person was sole presiding judge of the court, and that another person presided du......
  • Board of Commissioners of Natrona County v. Shaffner
    • United States
    • United States State Supreme Court of Wyoming
    • March 19, 1902
    ...v. Bennet, 37 N.Y. 117; Com. v. Hogan, 113 Mass. 7; Bob v. State, 7 Humph., 129; Skinner v. Beshoar, 2 Colo., 383; Stubbins v. Evanston, 156 Ill. 338; Keller v. Brickey, 33 Ill. 496; Burlington Un. v. Stewart, 12 Ia. 442; Howell v. Ray, 83 N. C., 558; High v. Carlott, &c., R. Co., 112 N. C.......
  • Matzenbaugh v. Doyle
    • United States
    • Supreme Court of Illinois
    • May 15, 1895
    ...without such plea on the part of the defendant. As he failed to do so, the inference against him must be deemed to be conclusive that [156 Ill. 338]his debt was barred at the time he obtained his judgment by confession, and consequently that the warrant of attorney was no longer operative. ......
  • Legnard v. Rhoades
    • United States
    • Illinois Supreme Court
    • May 15, 1895
    ...evidence must be particularly referred to, and by express terms made a part of the bill of exceptions, in such manner that it will clearly [40 N.E. 966]come before the court under the sanction of the court before whom the cause was tried. Moss v. Flint, 13 Ill. 570;Wright v. Griffey, 146 Il......
4 cases
  • Fisher v. City of Chicago
    • United States
    • Supreme Court of Illinois
    • December 22, 1904
    ...E. 524), and he could legally hold the county court in Cook county. This is not the same question raised in Stubbings v. City of Evanston, 156 Ill. 338, 40 N. E. 966, where it appeared from the record that one person was sole presiding judge of the court, and that another person presided du......
  • Board of Commissioners of Natrona County v. Shaffner
    • United States
    • United States State Supreme Court of Wyoming
    • March 19, 1902
    ...v. Bennet, 37 N.Y. 117; Com. v. Hogan, 113 Mass. 7; Bob v. State, 7 Humph., 129; Skinner v. Beshoar, 2 Colo., 383; Stubbins v. Evanston, 156 Ill. 338; Keller v. Brickey, 33 Ill. 496; Burlington Un. v. Stewart, 12 Ia. 442; Howell v. Ray, 83 N. C., 558; High v. Carlott, &c., R. Co., 112 N......
  • Matzenbaugh v. Doyle
    • United States
    • Supreme Court of Illinois
    • May 15, 1895
    ...without such plea on the part of the defendant. As he failed to do so, the inference against him must be deemed to be conclusive that [156 Ill. 338]his debt was barred at the time he obtained his judgment by confession, and consequently that the warrant of attorney was no longer operative. ......
  • Legnard v. Rhoades
    • United States
    • Illinois Supreme Court
    • May 15, 1895
    ...evidence must be particularly referred to, and by express terms made a part of the bill of exceptions, in such manner that it will clearly [40 N.E. 966]come before the court under the sanction of the court before whom the cause was tried. Moss v. Flint, 13 Ill. 570;Wright v. Griffey, 146 Il......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT