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Kerr v. South Park Commissioners, 117 U.S. 379 (1886)

Kerr v. South Park Commissioners

Argued January 21, 1886

Decided March 29, 1886

117 U.S. 379


A jury being empanelled on the law side of the court below to settle an issue sent from the chancery side, rendered a verdict which was certified by the clerk to the chancery side, and thereupon a decree was entered in conformity with it. At the next succeeding term, the court ordered a transcript of the evidence on the trial of the issue, together with the charge of the court, to be filed on the chancery side. Held that this order nunc pro tunc was proper in order to prevent injustice, and was within the power of the court.

A verdict on an issue from chancery was taken on the law side of the court, and was subsequently set aside there, and a new trial ordered there, which was had with a second verdict on the same issue. This second verdict was certified to the chancery side of the court, and a decree was made there founded upon it in which the setting aside of the first verdict was recited. Held that this was an approval, adoption, and confirmation of the acts on the law side of the court recited in the decree.

Plaintiff's land was taken for a public park by right of eminent domain. Un a trial before a jury to determine its value on the day when the Park Commissioners took possession of it, plaintiff offered to show the prices at which sales had been made of lands immediately adjoining the proposed park, which derived special benefit from its location, which sales were made after the exterior lines of the park had been determined. Held that it was inadmissible.

The true rule for damages in this case is stated in Cook v. South Park Commissioners, 61 Ill. 118.

The case is stated in the opinion of the Court.

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