Gentleman v. Soule
Illinois Supreme Court
Wbit of Ebbob to the Circuit Court of Kendall county; the Hon Madison E. Hollister, Judge, presiding. This was an action of debt, commenced before a justice of the peace in the county of La Salle, by Lewis Soule against William Gentleman, to recover the penalty for obstructing a public road in that county, under the provisions of the act of 22d of June, 1852. Sess. acts, p. 176; Scales’ Comp. 574. The trial before the justice resulted in a judgment against the defendant…
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Wbit of Ebbob to the Circuit Court of Kendall county; the Hon Madison E. Hollister, Judge, presiding. This was an action of debt, commenced before a justice of the peace in the county of La Salle, by Lewis Soule against William Gentleman, to recover the penalty for obstructing a public road in that county, under the provisions of the act of 22d of June, 1852. Sess. acts, p. 176; Scales’ Comp. 574. The trial before the justice resulted in a judgment against the defendant below, who appealed therefrom to the Circuit Court of La Salle county, from which the cause was removed, upon change of…
1Opinion of the CourtJustice Walker
The overruling _ of the motion for a new trial by the court below is assigned for error, and the only question presented by this record is one of fact. And it is whether the evidence establishes the charge, that plaintiff in error obstructed a public highway as alleged in the complaint. That he erected the obstruction, there is no dispute, but it is denied that it was in a public highway. Defendant in error makes no claim that such a road was ever established under the statute; but he does contend, that the evidence establishes a public road, both by prescription and»by dedication. On the…
2Cited by24 opinions
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- O'Connell v. Chicago Terminal Transfer RailroadIllinois Supreme Court · 1900
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