Town of Sefton v. Pasley

The commissioner of highways of the Town of Sefton granted the prayer of a petition for the laying out of a road that would cross the land of defendants in error. Within ten days thereafter he filed with a justice of the peace a certificate calling for a jury to assess damages of defendants in error pursuant to the provisions of section 82 of the Road and Bridge Act [Cahill’s Ill. St. ch. 121, ¶ 90]. At the hearing before the justice leave was granted and the certificate amended, whereupon defendants in error moved the court to dismiss the suit for the reason that the certificate as amended…