Springfield & Illinois Southeastern Railway Co. v. Turner

Illinois Supreme Court
Springfield & Illinois Southeastern Railway Co. v. Turner, 68 Ill. 187 (Ill. 1873)

Springfield & Illinois Southeastern Railway Co. v. Turner

Opinion of the Court

Per Curiam :

These cases present the same questions.

They were proceedings to condemn land for the use of appellant’s railroad. There was a trial in the court below before a jury. A verdict was returned in each case, finding the amount of compensation for lands taken, and the amount of damages to the residue of the lands. Judgment was entered upon the verdict, and execution awarded. It was error to award execution, for which the judgments must be reversed, with directions to the circuit court to enter judgment on the verdict, omitting the order for execution. It is very desirable that, in these proceedings, the land condemned should be described with reasonable certainty. That should be done in the petition, and followed in the judgment.

Judgment reversed.

Reference

Full Case Name
The Springfield and Illinois Southeastern Railway Company v. Robert Turner Same v. John Wills
Cited By
2 cases
Status
Published
Syllabus
Right of wat—error to awwrd execution for compensation and damages. It is error for the circuit court, on the trial of an appeal, to award execution on the judgment for the amount of the compensation and damages assessed in a proceeding to condemn land for a right of way.