Legal Opinion

Lee v. Town of Mound Station

Illinois Supreme Court

Decided October 6, 1886PublishedCited by 33 opinions

Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Brown county; the Hon. S. P. Shops, Judge, presiding." This was an action of trespass. The declaration has three-counts.

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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Brown county; the Hon. S. P. Shops, Judge, presiding." This was an action of trespass. The declaration has three-counts. It is alleged in the first count that defendants, on the-4th day of June, 1883, broke and entered the close of plaintiffs, known as the “public square, ” in the town of Mound Station, in said county, and broke down, damaged, destroyed and converted to their own use, a certain fence and gates, composed of posts, planks, rails, etc., standing on said premises, of…

1Opinion of the Court

Per Cubiam :

First, it is objected that it can not be determined, from the evidence in this record, what is the locality, size, shape or boundaries of the lots, streets, public square, etc., as claimed to be laid off, and Village of Winnetka v. Prouty, 107 Ill. 222, is cited in support of the objection. In that case, the plat of the town was fully set out in the record, so that the court could see everything which appeared upon it-Nothing was left to inference. It affirmatively appeared that no width of streets, or size of lots or block, was designated in the attempt to lay out the ground.…

Also in this document: Dissent.

2Cases cited4 opinions

  1. Fort Dearborn Lodge No. 214 v. KleinIllinois Supreme Court · 1885
  2. City of Alton v. Illinois Transportation Co.Illinois Supreme Court · 1850
  3. City of Des Moines v. HallSupreme Court of Iowa · 1868
  4. Glancy v. ElliottIllinois Supreme Court · 1853

3Cited by33 opinions

  1. Krause v. City of El PasoTexas Supreme Court · 1907
  2. Brown v. Trustees of SchoolsIllinois Supreme Court · 1906
  3. Buessel v. United StatesCourt of Appeals for the Second Circuit · 1919
  4. City of Peoria v. Central National BankIllinois Supreme Court · 1906
  5. Jordan v. City of ChenoaIllinois Supreme Court · 1897

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