Town of Kane v. Farrelly

This was an action by plaintiff in error to recover statutory penalties for obstructing a public highway. The defense was that no highway existed at the point where the alleged obstructions were found. The cause was before us at a former term. (Farrelly v. Town of Kane, 172 Ill. 415.) The facts then recited need not be here repeated, but it is necessary to a full understanding of the points involved, a fact not necessary to have been expressly stated and therefore not found in the former opinion should be made to appear, viz., that the agreement between the commissioners and the defendant in…