City of Decatur v. Niedermeyer
Illinois Supreme Court
Writ of Error to the Circuit Court of Macon county; the Hon. E. P. Vail, Judge, presiding. This was a suit brought by the city of Decatur before a justice of the peace, against F. W. Niedermeyer, for violating an ordinance of the city in obstructing a certain alley. A fine of ten dollars and costs was assessed against him, and he appealed to the circuit court of Macon county, where the case was tried before the court without a jury.
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Writ of Error to the Circuit Court of Macon county; the Hon. E. P. Vail, Judge, presiding. This was a suit brought by the city of Decatur before a justice of the peace, against F. W. Niedermeyer, for violating an ordinance of the city in obstructing a certain alley. A fine of ten dollars and costs was assessed against him, and he appealed to the circuit court of Macon county, where the case was tried before the court without a jury. The court found for the defendant, and rendered judgment for costs against the city. The city brings the case to this court on writ of error. The alley, the…
1Opinion of the CourtJustice Carter
The principal question in this case relates to the weight of the evidence. According to the latest surveys, the alley should be located somewhere from four to seven feet further north than the place where it now is and for more than twenty-five years has been actually opened, located and used, and would include within it, to the extent mentioned, the enclosure, buildings and improvements of the defendant in error. A. T. Risley, a former county survejror, testified that when surveying in 1861 he found a number of stakes on the line of the alley as now located, and recognized some of the…
2Cases cited3 opinions
- City of Carrollton v. BazzetteIllinois Supreme Court · 1896
- McClintock v. RogersIllinois Supreme Court · 1849
- City of Mt. Carmel v. McClintockIllinois Supreme Court · 1895
3Cited by5 opinions
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