Town of Mattoon v. Elliott

This was an action in the circuit court of Coles county for the recovery of a penalty for the obstruction of a public highway in the town of Mattoon. The commissioners of highways refused to bring the suit, and Fred Block, Sr., the owner of land adjoining the highway, gave the cost bond and the suit was instituted in the name of the town. The declaration consisted of three counts. Defendant in error filed a plea of nil debet and a special plea of estoppel in pais. To this latter plea plaintiff in error demurred. The trial court having overruled the demurrer, plaintiff in error elected to…