People Ex Rel. Carson v. Mateyka

This is an appeal from an order of the Circuit Court of Madison County declaring a certain roadway to be a public highway and ordering the defendant road commissioner to maintain the roadway. Three issues are raised on appeal. The appellant road commissioner of Edwardsville township contends the circuit court was without jurisdiction of the action because of the failure to join all necessary parties. In addition, the appellant maintains that mandamus is an inappropriate remedy and that the evidence is insufficient to establish a public roadway by prescription.

Plaintiffs Mike and Linda Carson…