Peck v. Herrington
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Kane county; the Hon. C. W. Upton, Judge, presiding.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Kane county; the Hon. C. W. Upton, Judge, presiding. This was a bill in chancery, filed in the Kane circuit court by James Herrington, against Eli Peck and Sackett Booth, seeking a perpetual injunction restraining the defendants from draining certain sloughs, or small ponds, situate nearly a mile from complainant’s lands, into the natural watercourse or channel on their own lands, whereby it is claimed it will flow over his lands and into Mill creek. On a hearing, the circuit…
1Opinion of the Court
Per Curiam :
Much evidence was introduced on the hearing of this cause, which has been carefully considered, and while there is some conflict in the testimony, yet upon the main points involved there is no more conflict than may be expected where so many witnesses have been examined. The Appellate Court, as appears from the record, found the facts differently from the circuit court, and from the facts so found arrived at a different conclusion from the one reached by the circuit court, and hence reversed the decree which had been rendered in the circuit court.
Without undertaking to determine…
2Cases cited3 opinions
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Gillham v. Madison County RailroadIllinois Supreme Court · 1869
- Goodale v. . TuttleNew York Court of Appeals · 1864
3Cited by79 opinions
- Archer v. City of Los AngelesCalifornia Supreme Court · 1941
- San Gabriel Valley Country Club v. County of Los AngelesCalifornia Supreme Court · 1920
- Lambert v. AlcornIllinois Supreme Court · 1893
- Coomer v. Chicago & North Western Transportation Co.Appellate Court of Illinois · 1980
- Todd v. York CountyNebraska Supreme Court · 1904
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