Union Coal Co. v. City of LaSalle

Citations

• 136 Ill. 119

Syllabus

<p>1. Practice—right of action—not yet accrued—advisory action of a court. Courts are powerless to adjudicate in relation to rights before they have accrued, or as to the validity of transactions not already entered into; and when such a decision is asked, under the stipulation of the parties, the courts will disregard the same, and decide only upon the issues properly presented, wholly untrammeled by stipulation.</p> <p>2. A stipulation which seeks to obtain in advance the opinion of the court as to the validity of a contemplated contract, before any rights in relation to it have accrued to either party, and thus employ the court as the legal adviser of the parties in a matter about which they intend to negotiate, will be disregarded by the court. It is not the province of the court to pronounce opinions in cases before they have arisen.</p> <p>3. In an action of trespass by a city against a coal company, for taking out coal from under the streets and converting the same to its own use, a stipulation was filed making the right of action depend upon the power of the city to sell the coal under the streets: Held, that it was not within the power of the parties to change the established order of procedure, so as to make the right of action depend upon the opinion the court might form as to the validity or invalidity of the contract in relation to another subject matter which the parties are seeking to negotiate.</p> <p>4. Streets—vesting of the fee—effect of a plat. The acknowledgment and recording of a plat by the owner of land within a city, by which such land is subdivided, and platted into blocks, lots, streets, etc., operate, both at law and in equity, as a conveyance in fee by the owner, to the city, of the land embraced in the streets, alleys and other grounds dedicated to the public use; and the land so embraced in the streets, etc., is held by the city, in its corporate name, for the uses and purposes set forth and intended by such plat.</p> <p>5. Same—charac