Martin v. People
Illinois Supreme Court
. This was a proceeding by indictment in the Circuit Court of Fulton county, Bailey, Judge, against plaintiff in error, for obstructing a road in said county, claimed as a highway. The evidence in the case is very voluminous, as are the instructions asked on the part both of plaintiff and defendant; but the facts on which the case turned are sufficiently stated in the opinion.
1Opinion of the CourtWalker, J.
On the trial below, plaintiff in error asked of a witness, if the road in question was ever worked or recognized by the public authorities, by the township or the county authorities, or was by them treated as a public highway. Of another witness, he asked the question, whether the road was ever used as a public highway. To the answering of these questions the People objected, and the court sustained the objection, and to this decision of the court, the plaintiff in error excepted, and amongst others assigns it for error. The People relied upon user in the nature of a prescription to establish…
2Cited by3 opinions
- Farlow v. Town of Camp PointIllinois Supreme Court · 1900
- Willey v. PeopleAppellate Court of Illinois · 1890
- Houston v. PeopleIllinois Supreme Court · 1872