Norton v. Studley
Illinois Supreme Court
This was an action of trespass quare clauswm, fregit in the Bureau Circuit Court, by appellee against appellants. The declaration contains one count, in the usual form. Plea, that the locus in quo was a public highway. Replication to second plea, that a highway had been located over the close in question, but damages not assessed and paid to appellee, who was the owner of said close, etc.
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This was an action of trespass quare clauswm, fregit in the Bureau Circuit Court, by appellee against appellants. The declaration contains one count, in the usual form. Plea, that the locus in quo was a public highway. Replication to second plea, that a highway had been located over the close in question, but damages not assessed and paid to appellee, who was the owner of said close, etc. Demurrer to this replication, which was sustained, and leave given to appellee to amend. An amended replication was thereupon filed in these words, viz.: “And for a further replication to defendants’ plea,…
1Opinion of the Court
Catón, J.
Under the provisions of the township organization law of 1851, this road was laid out, but no assessment of damages was made, nor was any agreement made with the owner of the land in regard to damages, nor release of damages executed by him. And the question is, whether it became a public highway and subject to the use of the public without such assessment, or agreement, or release of damages. The question is all comprised in the construction of the sixth section of the twenty-fourth chapter of that act. That section is as follows: “ The damages sustained by reason of the laying out,…
2Cases cited1 opinion
- Dunning v. MatthewsIllinois Supreme Court · 1855