County of Peoria v. Harvey
Illinois Supreme Court
This is an appeal from the assessment of damages made by commissioners appointed to lay out a state road, under the act of February 11th, 1853. Ho damages were assessed to appellee. The assessment was made by commissioners who were duly sworn, etc., and returned by them to the county court of Peoria countv. The appeal was taken by filing this note with the clerk of the county court. John Harvey, who is owner of the S. W. qr. Sec. 33, T. 11, B. í E., and the N. E. qr.
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This is an appeal from the assessment of damages made by commissioners appointed to lay out a state road, under the act of February 11th, 1853. Ho damages were assessed to appellee. The assessment was made by commissioners who were duly sworn, etc., and returned by them to the county court of Peoria countv. The appeal was taken by filing this note with the clerk of the county court. John Harvey, who is owner of the S. W. qr. Sec. 33, T. 11, B. í E., and the N. E. qr. Sec. 4, T. 10, B. í E., in Peoria county, appeals from the assessment of damage by the commissioners appointed to locate said…
1Opinion of the CourtScates, C. J.
The eight foregoing defendants were owners of land on the route of a state road, each of whom appealed from the award of damages by the commissioners.
The act of 11th February, 1853 (Acts 1853, p. 194), provided for the location and establishment of a state road from Peoria to Pock Island. When reviewed, located and reported by the commissioners, the road was established by the act, and the damages assessed became payable absolutely. Fío discretion was left to be exercised by the county court or board of supervisors.
This proceeding has been resisted in the court below, and here, upon the…
2Cited by5 opinions
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- Van Brunt v. OsterlundAppellate Court of Illinois · 1953
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