Grube v. Nichols
Illinois Supreme Court
Appeal from the Circuit Court of Bureau county; the Hon. M. E. Hollister, Judge, presiding. This was a qui tom prosecution, commenced before a justice of the peace of Bureau county, by David Nichols against Lewis Grube, and a number of other persons, to recover the penalty given by law, for obstructing and continuing to obstruct a public highway, after being requested to remove the same, by the road commissioner of the town.
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Appeal from the Circuit Court of Bureau county; the Hon. M. E. Hollister, Judge, presiding. This was a qui tom prosecution, commenced before a justice of the peace of Bureau county, by David Nichols against Lewis Grube, and a number of other persons, to recover the penalty given by law, for obstructing and continuing to obstruct a public highway, after being requested to remove the same, by the road commissioner of the town. On a trial had before the justice of the peace, plaintiff recovered a judgment for the sum of twenty-five dollars, and costs. Grube removed the cause to the Circuit Court…
1Opinion of the CourtChief Justice Walker
This was a prosecution instituted before a justice of the peace, for the recovery of a penalty for the continuance of an obstruction to a public highway. The disputed questions relate alone to the location or legal existence of the road. The evidence was voluminous, and was, as is usually the case, not free from contrariety, when the question relates to the location or dedication of a public highway. What it proved was a question belonging to the jury to determine, under proper instructions given by the court Those given in this case are numerous, and the giving of a portion of those asked by…
2Cited by26 opinions
- City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
- Riley v. BuchananCourt of Appeals of Kentucky · 1903
- City of Chicago v. BordenIllinois Supreme Court · 1901
- Barker v. StateIndiana Supreme Court · 1874
- Newmyer v. RoushIdaho Supreme Court · 1912
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