Legal Opinion

Ribordy v. Murray

Illinois Supreme Court

Decided December 21, 1898PublishedCited by 16 opinions

Appeal from the Appellate Court for the Second District;—heard in that court on appeal" from the Circuit Court of Livingston county; the Hon. C. R. Starr, 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 Livingston county; the Hon. C. R. Starr, Judge, presiding. This was a bill in equity filed by appellant June 30, 1890, against appellee Murray, as the owner of the north half of section 22, in township 30, north, range 6, east, in said Livingston county, and also against the commissioners of highways of said township, as having official control and jurisdiction of the highways in said town.ship. The proceeding was instituted under an act of the legislature approved June 4, 1889,…

1Opinion of the Court

Per Curiam :

In their opinion affirming the decree of the circuit court, the Appellate Court, speaking through Mr. Justice Crabtree, expressed the following views:

“Objection is raised by appellees that the bill does not show a cause of action under the statute in pursuance of which the suit is brought, because it does not allege that the ditches in question were made and connected with the ditch on appellant’s land by the mutual license, consent or agreement of the owner or owners of the adjacent lands, so as to make a continuous line upon, over or across the lands of several owners, as…

2Cases cited2 opinions

  1. Peck v. HerringtonIllinois Supreme Court · 1884
  2. Lambert v. AlcornIllinois Supreme Court · 1893

3Cited by16 opinions

  1. Hunt v. SainIllinois Supreme Court · 1899
  2. Quinn v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1909
  3. St. Louis Merchants' Bridge Terminal Ry. Ass'n v. SchultzIllinois Supreme Court · 1907
  4. Pelham Phosphate Co. v. DanielsCourt of Appeals of Georgia · 1918
  5. Dunn v. YoumansIllinois Supreme Court · 1906

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