Leibengut v. Louisville, New Albany & St. Louis Railway Co.

Citations

• 103 Ill. 431
• 1882 Ill. LEXIS 194

Syllabus

<p>1. Eminent domain—condemnation proceedings in vacation. Under the statute relating to eminent domain, the circuit and county courts are always open for proceedings to condemn land for right of way, and when the summons is quashed the court may order an alias summons returnable in vacation, and when so issued and served ten days before the return day, the court will acquire jurisdiction to assess the compensation to be paid for the right of way.</p> <p>2. Same—amending summons, when no error, though not proper. Where a summons issued by the county court on an application to condemn land for right of way was made returnable before the county court on a day in vacation, and the court caused the same to be amended so as to read “returnable before the judge,” instead of the court, but it was properly served as issued, it was held, that the amendment should not have been made, it having been properly made returnable in the first instance; but it was further held, that as the amendment worked no harm, it presented no ground to reverse the judgment of the court. A summons in such case, returnable before a judge in vacation, means before the court of which he is judge.</p>