Wells v. Hicks
Illinois Supreme Court
This was an'action of trespass, quare clausum fregit, brought by defendants in error against plaintiffs in error, in the Circuit Court of Pike county. Defendants below filed several pleas justifying the alleged trespasses, upon the ground that the close in question was a public highway, and that the trespasses complained of consisted in the removal of a fence which was across, and obstructed the highway, doing no more damage than was necessary.
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This was an'action of trespass, quare clausum fregit, brought by defendants in error against plaintiffs in error, in the Circuit Court of Pike county. Defendants below filed several pleas justifying the alleged trespasses, upon the ground that the close in question was a public highway, and that the trespasses complained of consisted in the removal of a fence which was across, and obstructed the highway, doing no more damage than was necessary. Setting forth, in one of the pleas, that two of the defendants were commissioners of highways of the town in which the close was situated, and that…
1Opinion of the CourtCaton, C. J.
The first question is, does the record which was offered in evidence and ruled out by the court, show the posting of the notices, as required by the second section of the twenty-fourth article of the law? We think it does. In the first place, the record shows on its face that the requisite notice had been given. There is no question that the appeal was taken in strict conformity to the law, and hence the supervisors had jurisdiction to investigate that question of notice, as well as all other questions involved in the appeal, and they found and determined that due notice had been given, and…
2Cases cited2 opinions
- Johnson v. Joliet & Chicago RailroadIllinois Supreme Court · 1859
- Galena & Chicago Union Railroad v. PoundIllinois Supreme Court · 1859
3Cited by2 opinions
- Cummings v. West Chicago Park CommissionersIllinois Supreme Court · 1899
- Tower v. PitstickIllinois Supreme Court · 1870