Ketchum v. Stolp
Illinois Supreme Court
Turs was a proceeding commenced before a justice of the peace of Dat Page County, and taken by appeal to the Circuit Court of that county, and by change of venue to Kane County. The complaint before the justice stated that the fence viewers of the town of Naperville had decided that the north half of the fence between lands of Ketchurn and Stoip, should be made and kept in repair at the cost of Ketchum, that Ketchum refused, etc., and that Stolp made the fence, etc.
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Turs was a proceeding commenced before a justice of the peace of Dat Page County, and taken by appeal to the Circuit Court of that county, and by change of venue to Kane County. The complaint before the justice stated that the fence viewers of the town of Naperville had decided that the north half of the fence between lands of Ketchurn and Stoip, should be made and kept in repair at the cost of Ketchum, that Ketchum refused, etc., and that Stolp made the fence, etc. A judgment was rendered in favor of Stolp for the cost of the fence, and Ketchum appealed. A judgment was rendered for Stolp, in…
1Opinion of the CourtCaton, J.
Upon a proper proceeding under the statute, the fence viewers decided and ordered that Ketchum should make a certain portion of a partition fence between himself and Stolp. This he neglected to do for twenty days after notice was given as required by law, whereupon Stolp instituted proceedings as the statute requires, before two justices of the peace, who, after hearing the case, ordered and adjudged that Stolp should make the fence, but without specifying how high it should be, and that Ketchum should pay him for making the same. Stolp made the fence of posts and boards, using some of the…
2Cited by3 opinions
- Hill v. TohillIllinois Supreme Court · 1907
- Scott v. JacksonAppellate Court of Illinois · 1901
- Merritt v. SummersAppellate Court of Illinois · 1919