Hunt v. Sain
Illinois Supreme Court
Writ of Error to the Circuit Court of Douglas county; the Hon. Edward P. Vail, Judge, presiding-. This is a bill in chancery, filed by the defendants in error on September 30,1896, against the plaintiff in error, to restrain the latter from continuing the obstruction of an open ditch on his land, alleged to form a continuous line of ditch across the several lands of defendants in error and plaintiff in error, and alleged to have been constructed by the mutual license,…
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Writ of Error to the Circuit Court of Douglas county; the Hon. Edward P. Vail, Judge, presiding-. This is a bill in chancery, filed by the defendants in error on September 30,1896, against the plaintiff in error, to restrain the latter from continuing the obstruction of an open ditch on his land, alleged to form a continuous line of ditch across the several lands of defendants in error and plaintiff in error, and alleged to have been constructed by the mutual license, consent, or agreement of the owners of these adjoining lands. A highway runs north and south on the west side of section 22 in…
1Opinion of the CourtJustice Magruder
First—It is claimed on the part of the plaintiff in error, that the court below erred in applying the act of 1889 in relation to drains, approved June 4, 1889, to the issues and evidence in this case. Section 1 of said act of June 4, 1889, provides: “That whenever any ditch or drain, either open or covered, has been heretofore or shall be hereafter constructed by mutual license, consent, or agreement of the owner or owners of adjoining or adjacent lands, either separately or jointly, so as to make a continuous line upon, over, or across the lands of said several owners, * "* * then such…
2Cases cited5 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Wangelin v. GoeIllinois Supreme Court · 1869
- Wessels v. ColebankIllinois Supreme Court · 1898
- Ribordy v. MurrayIllinois Supreme Court · 1898
- Rothery v. . New York Rubber Co.New York Court of Appeals · 1882
3Cited by24 opinions
- Anastaplo v. RadfordIllinois Supreme Court · 1958
- Gerstley v. Globe Wernicke Co.Illinois Supreme Court · 1930
- Miami Bridge Co. v. Miami Beach Railway Co.Supreme Court of Florida · 1943
- Scholz v. BarbeeAppellate Court of Illinois · 1951
- Girard v. Lehigh Stone Co.Illinois Supreme Court · 1917
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