Nesbitt v. Trumbo
Illinois Supreme Court
Writ of Error to the Circuit Court of Sangamon county; the Hon. Edward T. Rice, Judge, presiding. This was an application by John Smith to the commissioners of highways of the town of Woodside, in Sangamon county, for a private road, to be established from his farm over the land of William Nesbitt and others to a public road. The commissioners granted the application and laid out the road.
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Writ of Error to the Circuit Court of Sangamon county; the Hon. Edward T. Rice, Judge, presiding. This was an application by John Smith to the commissioners of highways of the town of Woodside, in Sangamon county, for a private road, to be established from his farm over the land of William Nesbitt and others to a public road. The commissioners granted the application and laid out the road. The matter came before the Circuit Court upon an agreed case, it being stipulated that the only question to be presented was, as to the constitutionality of the act authorizing the establishment of private…
1Opinion of the CourtChief Justice Walker
This record presents the question whether the act authorizing a private way, to. be established over land of an owner against his objections, is constitutional. The provision is found in the ninety-third section of the act of 1861 (Sess. Laws, 263). The provision of our Constitution supposed to be violated by this enactment is the eighth section of article thirteen, and is this : “ No person shall be imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty or property, but by the judgment of his peers or the law…
2Cases cited5 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Dickey v. TennisonSupreme Court of Missouri · 1858
- People v. WhiteNew York Supreme Court · 1851
- Snyder v. Warford & ThomasSupreme Court of Missouri · 1848
- McCauley v. DunlapCourt of Appeals of Kentucky · 1843
3Cited by21 opinions
- Wilson v. Board of TrusteesIllinois Supreme Court · 1890
- Varner v. MartinWest Virginia Supreme Court · 1883
- Bankhead v. BrownSupreme Court of Iowa · 1868
- Arnsperger v. CrawfordCourt of Appeals of Maryland · 1905
- Payson v. People ex rel. ParsonsIllinois Supreme Court · 1898
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