Commissioners of Highways v. Bear
Illinois Supreme Court
Writ of Error to the Circuit Court of Champaign county; the Hon. Soeon Phiebrick, Judge, presiding. The commissioners of highways of the town of Tolono and the commissioners of highways of the town of Colfax, Champaign county, Illinois, were petitioned by twenty-eight land owners of the two towns to alter or to vacate and relocate a portion of a public highway along and near the line between said towns.
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Writ of Error to the Circuit Court of Champaign county; the Hon. Soeon Phiebrick, Judge, presiding. The commissioners of highways of the town of Tolono and the commissioners of highways of the town of Colfax, Champaign county, Illinois, were petitioned by twenty-eight land owners of the two towns to alter or to vacate and relocate a portion of a public highway along and near the line between said towns. On January 20, 1904, the commissioners considered the petition, found they had jurisdiction, that the petition had the requisite number of signers, and they refused to grant its prayer. An…
1Opinion of the CourtChief Justice Scott
The request of certain petitioners to be allowed to withdraw their names from the petition for the alteration of the road having been first made after the commissioners of highways had passed upon the petition, came too late. A motion of this kind, made by a part, only, of the petitioners, could not be allowed by the supervisors on appeal unless it had been made in apt time before the commissioners. Littell v. Board of Supervisors, 198 Ill. 205; Mack v. Polecat Drainage District, 216 id. 56; Kinsloe v. Pogue, 213 id. 302; Black v. Campbell, 112 Ind. 122.
Section 51 of chapter” 121, Hurd’s…
2Cases cited2 opinions
- Littell v. Board of SupervisorsIllinois Supreme Court · 1902
- Black v. CampbellIndiana Supreme Court · 1887
3Cited by5 opinions
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- Beghr Willowbrook Venture v. Village of WillowbrookAppellate Court of Illinois · 1991
- Sayers v. Drainage Commissioners of Drainage District No. 5Appellate Court of Illinois · 1919
- Ross v. People ex rel. DemlowAppellate Court of Illinois · 1908