Legal Opinion

Gordon v. Commissioners of Highways of Road District No. 3.

Illinois Supreme Court

Decided November 8, 1897PublishedCited by 11 opinions

Appeal from the Circuit Court of Wabash county; the Hon. S. Z. Landes, Judge, presiding. The subject matter of this suit was a petition filed before a justice of the peace in Wabash county for the vacation of a part of a public highway known as the “Maysville Road” and for the opening of two new roads.

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Appeal from the Circuit Court of Wabash county; the Hon. S. Z. Landes, Judge, presiding. The subject matter of this suit was a petition filed before a justice of the peace in Wabash county for the vacation of a part of a public highway known as the “Maysville Road” and for the opening of two new roads. The petition was granted by the commissioners and the. new roads were laid out, which, as ordered, passed along and took part of lands in which the appellant Mary Gordon held a life estate, the fee thereof being owned by Amy Radcliffe, Robert Gordon and Walter Gordon,—Amy Radcliffe being an…

1Opinion of the CourtChief Justice Phillips

The only questions which will be considered by this court are the errors assigned and argued by appellants. Some errors which are assigned on the record and not argued will not be considered, as it is the established practice of this court that where a party to a suit assigns errors which are not argued in his brief they will be considered as waived.

It is urged the circuit court erred in overruling the motion to dismiss this suit on appeal from the justice, and in granting leave to amend the certificate filed by the highway commissioners to have damages assessed for the taking of the land of…

2Cases cited2 opinions

  1. Hyslop v. FinchIllinois Supreme Court · 1881
  2. Carpenter v. JenningsIllinois Supreme Court · 1875

3Cited by11 opinions

  1. Omensky v. GieskeAppellate Court of Illinois · 1905
  2. Chicago Union Traction Co. v. O'BrienAppellate Court of Illinois · 1904
  3. Dowie v. PriddleAppellate Court of Illinois · 1904
  4. National Council of the Knights & Ladies of Security v. DillonAppellate Court of Illinois · 1903
  5. Pickett v. PeopleAppellate Court of Illinois · 1904

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