Hiner v. Jeanpert
Illinois Supreme Court
Appeal from the Circuit Court of Tazewell county; the Hon. Charles Turner, Judge, presiding. This was an action of trespass commenced before a justice of the peace in Tazewell county, by George Hiner against Christopher Jeanpert and William Corney. The alleged trespass consisted in the breaking down of the fences and entering the close of the plaintiff, by the defendants.
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Appeal from the Circuit Court of Tazewell county; the Hon. Charles Turner, Judge, presiding. This was an action of trespass commenced before a justice of the peace in Tazewell county, by George Hiner against Christopher Jeanpert and William Corney. The alleged trespass consisted in the breaking down of the fences and entering the close of the plaintiff, by the defendants. The act was justified upon the ground that the place where the alleged trespass was committed was a public highway. The cause was removed into the Circuit Court, where a trial resulted in a verdict and judgment in favor of…
1Opinion of the CourtJustice Scott
There is but a single question presented by this record. It is whether there was a public road at the place where the trespass was committed. It is a question of fact, and has been passed upon by two juries, both of whom found the existence of the road, and we are unwilling to disturb their finding on account of any error assigned.
The evidence of a number of witnesses familiar with the premises was taken, and it appears that there was a traveled road at the point in dispute for many years—one witness fixing the period at thirty-eight years, and two others fixing it at over thirty years. It…
2Cases cited2 opinions
- Dimon v. PeopleIllinois Supreme Court · 1856
- Alvord v. AshleyIllinois Supreme Court · 1856
3Cited by3 opinions
- Alden Coal Co. v. ChallisIllinois Supreme Court · 1902
- Schofield v. City of TulsaSupreme Court of Oklahoma · 1925
- Herold v. DowellSupreme Court of Oklahoma · 1935