Skinner v. Lake View Avenue Co.

Citations

• 57 Ill. 151

Syllabus

<p>1. Appeal—when it will lie. Where a corporation is formed, under the general law of 1859, for the purpose of constructing plank, gravel or macadamised roads, and authorized to condemn lands therefor, by presenting a petition to a judge of a court of record for the appointment of commissioners for the purpose, and where commissioners have been thus appointed and returned their report into court, and it has been approved by the court, the order of approval becomes a final judgment, from which an appeal lies to this court, notwithstanding the act providing for the condemnation is silent as to an appeal or writ of error.</p> <p>2. A judgment before a justice of the peace is final unless the law gives an appeal. The circuit courts have no inherent power to try appeals from inferior tribunals, and can only entertain them by virtue of statutory power.</p> <p>3. In cases in which the statute declares the action of an inferior tribunal to be final, and prohibits an appeal or writ of error, such action must be held conclusive, unless it violates a constitutional right. But parties have the right of appeal from the circuit to the supreme court, where the judgment or decree is final and relates to a franchise or freehold.</p> <p>4. Judgment—;final. Where, under the statute, the petition -was presented to the court, commissioners were appointed, made their report, the clerk recorded the orders, and the court confirmed the report : Held this constituted a condemnation of the land by which the title passed to the corporation. Such a judgment relates to a freehold and is within the constitution and statute which authorizes an appeal.</p> <p>5. J cjrisdiction. In such a case the presentation of the petition confers jurisdiction.</p> <p>6. Petition. Where the statute declares “ the directors may present a petition,” it is fully complied with when the petition is signed by the corporation by its attorney. In suits by corporations, the corporate name and not the name of the director