Illinois Circuit Court Reports (Volume 2); Reports of Cases Decided in the Circuit, Superior, Criminal, Probate, County and Municipal Courts in Illinois and Including the Unreported Decisions of the Supreme Court of Illinois (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: The company ought not to be forced to seek indemnity from petty police officers or impecunious town constables for tho great losses it will suffer by the enforcement of this ordinance. I am of the opinion that this ordinance should be tested in a court of law, but not by daily or hourly arrests which would destroy complainant's property and largely inconvenience the traveling public. The town should be permitted to bring at least three suits to test this ordinance, if it should insist upon the enforcement, but should be restrained from any further interference with complainant's railway and its present use thereof, until there is a final decision by the law courts as to the validity of the ordinance, and until the further order of this court. Let the order for an injunction be so drawn. NOTE. The same ordinance was before the supreme court in Nortn Chicago City Ry. Co. v. Town of Lake View, 105 111. 207, and it was there held that the town of Lake View had the power to declare the use of steam power in the streets a nuisance and the courts could not go behind this declaration.?Ed. (Superior Court of Cook County.) The People of the State of Illinois ex rel. William A. Bart- lett, A. Lincoln Shute and Robert J. Bennett Edward F. Dunne, as Mayor of the City of Chicago, and Michael Kenna. (January 8, 1907.) Pleading?Irrelevant, Impertinent And Immaterial Matter? Motion To Strike. Where a pleading contains improper, irrelevant, or impertinent matter, the proper practice is to file a motion to strike. (January 30, 1907.) Motion To Strike?Petition For Mandamus. Where a petition for mandamus contains irrelevant, argumentative and repugnant matter, and matters of evidence, none of which enabled the petitioners to introduce any evidence which could not be intro...