Marion County v. Harper
Illinois Supreme Court
Appeal from the Circuit Court of Marion county; the Hon. Silas 1. Bryan, Judge, presiding. This was an appeal from the County Court to the Circuit Court of Marion county, to review the decision of that court, providing for the opening and establishing of a certain highway. In the court below, judgment was rendered for the appellee, whereupon the appellant brings the case to this court by appeal.
1Opinion of the CourtChief Justice Breese
The appellee makes the point that an appeal does not lie from the decision of the Circuit Court, in proceedings brought to that court for locating a public highway.
The statute in relation to public roads, by the thirty-eighth section, provides that the corporation, company, owner or owners of the land, shall have the right to appeal from the decision of the commissioner’s court to the Circuit Court, and the case shall be acted upon in such manner as the court may determine, with a view to justice and the establishment of the road, who shall make such order therein as may seem right and just,…
2Cited by2 opinions
- Superior Coal Co. v. O'BrienIllinois Supreme Court · 1943
- St. Louis & Southeastern Railway Co. v. LuxIllinois Supreme Court · 1872