Legal Opinion

Dunning v. City of Aurora

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 22 opinions

Appeal from the Circuit Court of Kane county; the Hon. Isaac G. Wilson, Judge, presiding. This was a bill in chancery filed in the Court of Common Pleas of the city of Aurora, by Josiah D. Dunning, against the city of Aurora, Caroline Gates, R. Wilder Gates, Thomas Golden, Charles Hoyt, Robinson L. Carter and Columbus Finney.

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Appeal from the Circuit Court of Kane county; the Hon. Isaac G. Wilson, Judge, presiding. This was a bill in chancery filed in the Court of Common Pleas of the city of Aurora, by Josiah D. Dunning, against the city of Aurora, Caroline Gates, R. Wilder Gates, Thomas Golden, Charles Hoyt, Robinson L. Carter and Columbus Finney. The bill was filed to have certain buildings alleged to have been erected in a public street, and claimed to be also a private nuisance, so found and removed and abated. Answers and replications were filed and the case was removed to the Circuit Court of Kane county by…

1Opinion of the CourtChief Justice Walker

This was a suit in chancery, commenced by Josiah D. Dunning, in the Court of Common Pleas of the city of Aurora, against the city and a number of persons claiming to be owners of property in the city. The bill alleges, that, in the year 1851, Boswell Wilder was the owner of lands in North Aurora, adjoining to C. Hoyt, and to the north of his lands. That Wilder laid out a street forty feet wide, east of Biver street, and from the foot of Galena street, running along the north line of the land owned by Hoyt. That the street had been opened, used and traveled continuously until the bill was…

2Cited by22 opinions

  1. Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
  2. Wangelin v. GoeIllinois Supreme Court · 1869
  3. Wahle v. ReinbachIllinois Supreme Court · 1875
  4. City of Pana v. Central Washed Coal Co.Illinois Supreme Court · 1913
  5. Town of Lake View v. LetzIllinois Supreme Court · 1867

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