Commissioners of Highways v. People ex rel. Welch
Illinois Supreme Court
Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. This was a petition to the circuit- court of Warren county, setting forth that a road therein described was, on the 29th of October, 1831, by the county commissioners of Warren county, ordered to be opened, and that it was so opened and used as a public road from that time until about the year 1859, when the owners of lands over which the road ran fenced it up, and put in bars for…
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Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. This was a petition to the circuit- court of Warren county, setting forth that a road therein described was, on the 29th of October, 1831, by the county commissioners of Warren county, ordered to be opened, and that it was so opened and used as a public road from that time until about the year 1859, when the owners of lands over which the road ran fenced it up, and put in bars for persons using the road to pass through, and that the public continued to use said highway, passing through the bars, until…
1Opinion of the CourtJustice Scholfield
Although the nominal purpose of this mandamrus is to open a highway, its real purpose is to remove obstructions claimed to have been improperly placed in a highway, established and used for a period of more than twenty years. The great mass of the testimony introduced by the respective parties relates entirely to the question, whether a highway in fact existed where the alleged obstructions were placed, and the arguments are chiefly devoted to this point. The case is, therefore, entirely different from Commissioners, etc. v. The People ex rel. 31 Ill. 99, and Hall et al. v. The People ex rel.…
2Cases cited1 opinion
- People v. CuryeaIllinois Supreme Court · 1855
3Cited by2 opinions
- Brokaw v. Commissioners of HighwaysIllinois Supreme Court · 1889
- People ex rel. Brokaw v. Commissioners of HighwaysAppellate Court of Illinois · 1888