Shugart v. Halliday
Appellate Court of Illinois
Appeal from the Circuit Court of Bureau county; the Hon. Josiaii MoBoberts,' Judge, presiding.
1Opinion of the CourtLeland, J.
This was an action of tresj)ass, quare clqusam fregit, brought before a justice, and appealed to the Circuit Court.
The defense was that the place of the supposed trespass was in a highway, and that the appellants, as commissioners of highways, in discharge of their duties, removed a portion of appellee’s fence from the road. On the trial in the Circuit Court, appellant’s counsel proposed to admit the trespass and damages, but no specified amount of damages, unless the locus in quo was in a public highway, and claimed the right to open and close, which was not allowed by the court below.
It may…
2Cases cited10 opinions
- Onstott v. MurraySupreme Court of Iowa · 1867
- Frizell v. RogersIllinois Supreme Court · 1876
- Hoener v. KochIllinois Supreme Court · 1877
- Marcy v. TaylorIllinois Supreme Court · 1858
- Ogden v. KirbyIllinois Supreme Court · 1875
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3Cited by4 opinions
- Molyneux v. Twin Falls Canal Co.Idaho Supreme Court · 1934
- City of Seattle v. SmithersWashington Supreme Court · 1905
- In re the Estate of VaughanNew York Surrogate's Court · 1932
- Rolfe v. RichAppellate Court of Illinois · 1892