Wiley v. Town of Brimfield
Illinois Supreme Court
Writ of Error to the Circuit Court of Peoria county; the Hon. Sabin D. Puterbaügh, Judge, presiding. This ivas a prosecution for an alleged obstruction of a public higliAvay, and for continuing such obstruction.
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Writ of Error to the Circuit Court of Peoria county; the Hon. Sabin D. Puterbaügh, Judge, presiding. This ivas a prosecution for an alleged obstruction of a public higliAvay, and for continuing such obstruction. Among other questions arising upon the record, is the construction of the order of the commissioners, establishing the highway, which was as follows: After reciting the presentation of a petition for the road, the order proceeds: “the commissioners of highAvays of said toivn did, on the 6th day of July, 1863, personally examine the route proposed in said petition for a road, to Avit:…
1Opinion of the CourtJustice Sheldon
This was a prosecution for the penalty prescribed by the statute for obstructing a public highway, and for continuing such obstruction, under sec. 94 of the township organization act, Sess. Laws 1861, p. 264.
It is first objected to the right of recovery, that the road alleged to be obstructed was not a public highway, because, in the proceedings for laying it out, the commissioners of highways did not hold their meeting to hear any reasons that might be offered for or against laying out the road, within ten days after the expiration of the twenty days from the time of posting up the petition…
2Cited by4 opinions
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