Dierks v. Commissioners of Highways
Illinois Supreme Court
Appeal from the Circuit Court of Kane comity; the Hon. Chaeles Kellum, Judge, presiding. This was a bill in equity, brought by Margaretha Dierks, against the commissioners of highways of the township of Addison, in the county of DuPage, and the village of Benson-ville, for the abatement of a nuisance caused by the drainage of the sewage of the village upon complainant’s farm, and to enjoin the commissioners from entering upon her farm and constructing a ditch across the same…
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Appeal from the Circuit Court of Kane comity; the Hon. Chaeles Kellum, Judge, presiding. This was a bill in equity, brought by Margaretha Dierks, against the commissioners of highways of the township of Addison, in the county of DuPage, and the village of Benson-ville, for the abatement of a nuisance caused by the drainage of the sewage of the village upon complainant’s farm, and to enjoin the commissioners from entering upon her farm and constructing a ditch across the same to conduct the sewage from a certain highway over her farm. It is alleged in the bill, Margaretha Dierks, the…
1Opinion of the CourtJustice Craig
A preliminary question has been raised by a motion to dismiss the appeal for the want of jurisdiction. The motion can not prevail. Under the authority of Chaplin v. Comrs. of Highways, 126 Ill. 264, and Chronic v. Pugh, 136 id. 539, a freehold is involved, and the appeal was properly taken from the circuit to this court.
Ten exceptions were filed to the master’s report, which the court • sustained, and entered a decree dismissing the bill. The exceptions, so far as they may be regarded material to a proper decision'of the case, will be considered.
The first exception seeks to call in question…
2Cases cited1 opinion
- Chaplin v. Commissioners of HighwaysIllinois Supreme Court · 1888
3Cited by9 opinions
- Tamalunis v. City of GeorgetownAppellate Court of Illinois · 1989
- Village of Dwight v. HayesIllinois Supreme Court · 1894
- Robb v. Village of LaGrangeIllinois Supreme Court · 1895
- Nutrasweet Co. v. X-L Engineering Corp.District Court, N.D. Illinois · 1996
- Richards v. Village of EdinburgAppellate Court of Illinois · 1968
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