Pool v. Breese
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. George W. Stipp, Judge, presiding. This was a hill, filed by the appellee, to enjoin the appellants from opening what was claimed a newly laid out highway, they being commissioners of highways. A- temporary injunction was granted, but on final hearing it was dissolved and the bill dismissed.
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Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. George W. Stipp, Judge, presiding. This was a hill, filed by the appellee, to enjoin the appellants from opening what was claimed a newly laid out highway, they being commissioners of highways. A- temporary injunction was granted, but on final hearing it was dissolved and the bill dismissed. Upon the appeal of the complainant in the bill, the decree of the circuit court was reversed, and the cause remanded, with directions to enter a decree making the…
1Opinion of the CourtJustice Scholeield
The questions in this case arise under the provisions of the Boad and Bridge act, in force July 1, 1879. (Laws of 1879, p. 258, et seq.) By section 98 of that act, “any person interested in the decision qji the commissioners of highways in determining to or in refusing to lay out, alter, widen or vacate anyroad, * * * or in the verdict of any jury,” in “assessing damages in opening, altering * * * any road, may appeal from such decision to three supervisors "of the county. ” Notice is required to be given within ten days, and a written petition must be presented to a justice of the peace,…
2Cases cited2 opinions
- Allison v. Commissioners of HighwaysIllinois Supreme Court · 1870
- Commissioners of Highways v. BarryIllinois Supreme Court · 1873
3Cited by9 opinions
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- City of Petaluma v. WhiteCalifornia Supreme Court · 1907
- Page v. BoehmerMichigan Supreme Court · 1908
- Trainer v. LawrenceAppellate Court of Illinois · 1890
- Maltman v. Chicago, Milwaukee & St. Paul R. R.Appellate Court of Illinois · 1897
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