Hartman v. Belleville & O'fallon Railroad

Citations

• 64 Ill. 24

Syllabus

<p>1. Condemning bight oe -way—for a railroad, under act of 1852— notice of appeal—whether sufficient. In a proceeding to condemn land, under tbe act of 1852, for tlie riglit of way of a railroad, notice of an appeal by the owner of the land to the circuit court from the decision of the commissioners, served upon the attorney of the railroad company, is insufficient.</p> <p>2. And where the circuit court proceeds to judgment upon such defective notice, the railroad company failing to appear, the owner of the land may bring the record to this court and have the judgment thus irreg. ularly obtained in his favor, reversed, in order that a new trial may be had and a judgment regularly rendered.</p>