Mills v. Parlin

Citations

• 106 Ill. 60
• 1883 Ill. LEXIS 142

Syllabus

<p>1. Chancery jurisdiction—to enjoin use of street for a railroad A court of chancery has no jurisdiction to enjoin a railway company from the use of a public street of a city for a switch, under a permit from the city council, when the fee of the street is in such city, on the ground of injury to private property situate on such street. The party complaining, if he has any remedy, must seek it in a court of law.</p> <p>2. Franchise—whether involved in suit. A bill filed to test the authority of a railroad company to use a public street in front of complainant’s residence for the use of its railroad track, does not involve the right, title or validity of a franchise, and an appeal in such case is properly taken to the Appellate Court in the first instance.</p>