St. Louis & Southeastern Railway Co. v. Lux

Citations

• 63 Ill. 523

Syllabus

<p>1. Appeals—whether will lie. An appeal will lie to this court from the judgment of a circuit court condemning land for the right of way of a railroad under the act of 1852. The right of a party in such case to have the decision of the circuit court reviewed by this court is a constitutional right, conferred by that clause in the constitution defining the jurisdiction of the supreme court.</p> <p>2. Jtmo'K-—refusal of the court to exclude from the panel—whether ground, for a new trial. Where a party objected to a juror for the reason that he was on the regular panel, and was called to serve without his name being drawn by lot, but the court refused to exclude him, upon appeal it was held, admitting such to be an irregularity, yet, as the party, so far as disclosed by the record, had not used any of his peremptory challenges when the panel was complete, and he might in that mode have excluded the juror from the box without prejudice to himself, it was not ground for a new trial, though it might have been so considered if the party had had occasion .to use his peremptory challenges before the panel was complete for the purpose of excluding other jurors.</p> <p>3. Execution—whether may be awarded. In a proceeding to condemn land for the right of way of a railroad under the act of 1853, it is error to award execution against the company for the damages assessed.</p>