Village of Hyde Park v. Dunham

Citations

• 85 Ill. 569

Syllabus

<p>1. Writ of error—when it lies. A writ of error is a writ of right, and can he prosecuted in all cases upon judgments of the circuit court when no other mode of review is provided.</p> <p>2. An appeal or writ of error lies to the final judgment of the circuit court in a proceeding to condemn property by a municipal corporation for the purpose of widening a street.</p> <p>3. Bilí, of exceptions—presumption as to when allowed. When the record fails to show when a bill of exceptions was signed and sealed, it will he presumed that it was presented to the judge and signed in proper time, and that the exceptions therein noted were taken on the trial and in the order and at the time therein purported.</p> <p>4. Same—practice. If a bill of exceptions is made or filed under circumstances not authorized by law, motion should be made in the court below to strike it out of the record, and if this is not done this court must regard it as rightfully a part of the record.</p> <p>o. Practice—order of evidence as to damages on condemnation of property. When real estate is sought to be condemned for widening a street, and the petition only describes the property to be taken, and a cross-petition is filed to recover compensation for damages to parts of the property not sought to be taken, it is error to require the plaintiff' to enter upon proof as to the question of damages to the property described in the cross-petition, before' the land owner has given any testimony in support of the claim.</p> <p>6. A petition to condemn and take real estate for the public use need not describe property which is not sought to be taken or damaged, and if other property than that described in the petition is brought in by cross-petition, it is incumbent on the party thus bringing it in, to show in the first instance that it was taken or damaged, and the petitioner is entitled to give evidence in rebuttal.</p> <p>7. Damages — on condemning land, for street. It is a question of fact, whether the dim