Town v. Town of Blackberry
Illinois Supreme Court
This was an action to recover a penalty under the statute, for obstructing the highway. Plea, not guilty. Jury waived, and trial by the court, the fifth day of March, 1862. The court found for plaintiff, and rendered a judgment against defendant, for the penalty of three dollars and costs. Motion by defendant for new trial overruled, and decision of the court excepted to by defendant.
1Opinion of the CourtBreese, J.
From all we can discover by a close inspection of the record, it seems there has been a substantial compliance with the requirements of the statute, in laying out and establishing the road alleged to have been obstructed by the plaintiff in error. The law does not require the strictest possible compliance with all its provisions, but only that there shall be nothing omitted to be done which is fundamental.
PTo question is made as to the regularity of the proceedings under the petition for the road, and the action of the commissioners of highways upon it, up to May 2,1859. On that day the…
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