People ex rel. Yoder v. Commissioners of Highways
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. The appellee commissioners granted, preliminarily, the prayer of a petition asking for the location of a new road over the lands of one A. A. Stewart, and caused a jury to be empaneled before a justice of the peace under the provisions of section 41 of chapter 121, entitled “Roads and Bridges,” (Hurd’s Stat. 1899, p. 1476,) to assess the damages to which Stewart would be entitled.
Read the full summary
Appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. The appellee commissioners granted, preliminarily, the prayer of a petition asking for the location of a new road over the lands of one A. A. Stewart, and caused a jury to be empaneled before a justice of the peace under the provisions of section 41 of chapter 121, entitled “Roads and Bridges,” (Hurd’s Stat. 1899, p. 1476,) to assess the damages to which Stewart would be entitled. The jury, upon a hearing of the matter, returned a verdict assessing the damages in favor of Stewart at $272.60. The…
1Opinion of the CourtChief Justice Boggs
The verdict of the jury empaneled by the justice of the peace on the certificate filed by the appellee commissioners was in the nature of a judicial ascertainment of the amount of damages to be paid by the town to Stewart in the event the commissioners finally determined to establish and open the road. The statute made it the duty of the justice of the peace to enter this verdict upon his docket, “in the nature of a judgment.” This verdict, and the entry thereof on the justice’s docket, is a final judicial determination of the amount of damages which the land owner shall receive, unless an…
2Cases cited1 opinion
- Ravatte v. RaceIllinois Supreme Court · 1894
3Cited by3 opinions
- Sprague v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1904
- Hegenbaumer v. HeckenkampIllinois Supreme Court · 1903
- Potter v. Commissioners of HighwaysAppellate Court of Illinois · 1912