Schlosser v. Commissioners of Highways
Illinois Supreme Court
Appeal from the Circuit Court of Lake county; the Hon. C. H. Donnelly, Judge, presiding. This was a petition for a common law writ of certio-rari, filed by Jacob B. Schlosser in the circuit court of Lake county, to review the action of the commissioners of highways of the towns of Newport and Warren, in said county, and the action of three supervisor's of said county, upon appeal from the action of the commissioners of highways of said towns, relative to vacating a certain…
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Appeal from the Circuit Court of Lake county; the Hon. C. H. Donnelly, Judge, presiding. This was a petition for a common law writ of certio-rari, filed by Jacob B. Schlosser in the circuit court of Lake county, to review the action of the commissioners of highways of the towns of Newport and Warren, in said county, and the action of three supervisor's of said county, upon appeal from the action of the commissioners of highways of said towns, relative to vacating a certain highway in said county and laying out a new highway along the town line between said towns in lieu of the one vacated.…
1Opinion of the CourtJustice Scott
It is insisted that the laches of the appellee bars this action. The final order of the supervisors laying out the proposed road and vacating the old road was made on the 21st day of Juné, 1905. The appellee filed his petition for a writ of certiorari on the 10th day of November, 1906. “Mere lapse of time, alone, short of the limitation for the prosecution of a writ of error, will not bar the issuing of a common law certiorari. (Hyslop v. Finch, 99 Ill. 171.) To be barred by the laches of the petitioner it must appear that since the making of the record sought to be reviewed, and upon its…
2Cases cited3 opinions
- Hyslop v. FinchIllinois Supreme Court · 1881
- City of Chicago v. CondellIllinois Supreme Court · 1906
- Drainage Comrs. of Union Drainage District v. VolkeIllinois Supreme Court · 1896
3Cited by7 opinions
- Alicea v. SnyderAppellate Court of Illinois · 2001
- Jackson v. BlairIllinois Supreme Court · 1921
- Fisher v. McIntoshIllinois Supreme Court · 1917
- School Directors of District No. 175 v. School Directors of District No. 173Appellate Court of Illinois · 1927
- Alicea v. SnyderAppellate Court of Illinois · 2001
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