Hotz v. Hoyt
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. This was a bill for an injunction, by appellee, against appellants, filed in the circuit court of Madison county.
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Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. This was a bill for an injunction, by appellee, against appellants, filed in the circuit court of Madison county. The bill alleges that complainant is the owner in fee simple of the east half of the north-west quarter, and the west half of the north-east quarter, of section thirty (30), in township three (3), north, range five (5), west of the third principal meridian, situate in the county of Madison and State of…
1Opinion of the CourtJustice Wilkin
We have carefully examined this record, and can not concur in the conclusion reached by the circuit and Appellate Courts. Obstruction of complainant’s access to the road in question is not an element of this case. There is no allegation in the bill to support a decree on that ground. The dimensions of the ditch about to be dug áre.not stated, and the only allusion in the bill to any such obstruction is the statement, that “in addition to the fact that your orator will be, in effect, shut off, from said public road by said ditch, large quantities of water, ” ¡ etc. Ho one will seriously…
2Cases cited2 opinions
- Tearney v. SmithIllinois Supreme Court · 1877
- Brush v. City of CarbondaleIllinois Supreme Court · 1875
3Cited by5 opinions
- Nagle v. WakeyIllinois Supreme Court · 1896
- Tower v. Township of SomersetMichigan Supreme Court · 1906
- Nagle v. WakeyAppellate Court of Illinois · 1895
- Barnard v. Commissioners of HighwaysAppellate Court of Illinois · 1897
- Canal Commissioners v. Village of East PeoriaAppellate Court of Illinois · 1898