Crear v. Crossly
Illinois Supreme Court
Writ of Error to the Circuit Court of Jo Daviess county; the Hon. Benjamin B. Sheldon, Judge, presiding. This was an action of trespass guare clausum fregit, brought in the court below by John Crossly against Edward Crear. The defendant filed three pleas. The first plea was the plea of the general issue, and was withdrawn.
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Writ of Error to the Circuit Court of Jo Daviess county; the Hon. Benjamin B. Sheldon, Judge, presiding. This was an action of trespass guare clausum fregit, brought in the court below by John Crossly against Edward Crear. The defendant filed three pleas. The first plea was the plea of the general issue, and was withdrawn. The second plea sets forth that the alleged trespasses consisted in passing over a private highway laid out by the commissioners of highways in accordance with law, that damages were assessed and tendered to the plaintiff. The third plea sets up a right of way by necessity,…
1Opinion of the CourtChief Justice Walker
This record involves ■ the same question which was presented and considered in the case of Nesbitt v. Trumbo, decided at January Term, 1866 (39 Ill. 110). In that case, after a careful consideration of all of the authorities referred to and to which we had access, it was held, that the ninety-third section of the act of 1861 (Sess. Laws, 263), authorizing the establishment of a private way over the land of another person, and against his will, is repugnant to the eight section of article thirteen, of our Constitution. Having then, fully considered the question, we deem it unnecessary to again…
2Cases cited1 opinion
- Nesbitt v. TrumboIllinois Supreme Court · 1866
3Cited by6 opinions
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