Commissioners of Highways of the Town of Lyons v. People
Illinois Supreme Court
Appeal from the Superior Court of Chicago. On the 18th of January, 1859, Samuel Killham, William ' Davis, Edmund Kane and twenty others, petitioned the Commissioners of Highways of the town of Lyons, in Cook county, to open a new road, commencing in the centre of the Joliet and Chicago road, eighty rods east of west line of section 15, township 38, range 12; thence southerly, to, or near, O’Plain river, passing through the lands of several persons named.
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Appeal from the Superior Court of Chicago. On the 18th of January, 1859, Samuel Killham, William ' Davis, Edmund Kane and twenty others, petitioned the Commissioners of Highways of the town of Lyons, in Cook county, to open a new road, commencing in the centre of the Joliet and Chicago road, eighty rods east of west line of section 15, township 38, range 12; thence southerly, to, or near, O’Plain river, passing through the lands of several persons named. The Commissioners, upon consideration of the application, refused to lay out the road. Thereupon, an appeal was taken to three Supervisors,…
1Opinion of the CourtJustice Breese
This was a petition for a mandamus, on the relation of Kill-ham and others, to compel the Commissioners of Highways of the town of Lyons, in the county of Cook, to lay out a certain road in that town.
We shall not go into a very particular examination of the merits of the case, having come to the conclusion that the judgment must be reversed on one ground which is fatal. It is this. The court below rendered a judgment for costs against the Commissioners in their individual capacities, and not, as they should have done, against the town of Lyons. The defendants were acting in a representative…
2Cited by5 opinions
- State v. RichardsonOregon Supreme Court · 1906
- Highway Commissioners of Rutland v. Highway Commissioners of DaytonIllinois Supreme Court · 1871
- Manny v. RixfordIllinois Supreme Court · 1867
- Commissioners of Highways of Oran v. HoblitAppellate Court of Illinois · 1886
- Hindman v. Village of AledoAppellate Court of Illinois · 1880