People ex rel. Russell v. Commissioners of Highways
Illinois Supreme Court
Writ oe Error to the Circuit Court of Christian county; the Hon. S. L. Dwight, Judge, presiding. On November 5, 1908, the People, on the relation of J. W. Russell and three others, residents and tax-payers of the town of Johnson, in Christian county, pursuant to leave obtained, filed its petition in the circuit court of that county against George W. Parrish, S. E. Oats and Enoch Eleming, highway commissioners, and George Oats, town clerk of the said town, for a writ of…
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Writ oe Error to the Circuit Court of Christian county; the Hon. S. L. Dwight, Judge, presiding. On November 5, 1908, the People, on the relation of J. W. Russell and three others, residents and tax-payers of the town of Johnson, in Christian county, pursuant to leave obtained, filed its petition in the circuit court of that county against George W. Parrish, S. E. Oats and Enoch Eleming, highway commissioners, and George Oats, town clerk of the said town, for a writ of certiorari commanding said highway commissioners and said town clerk to bring into court the record of the proceedings in and…
1Opinion of the CourtJustice Scott
The defendants in error contend that the relators can not prosecute this certiorari proceeding. The relators were not in any sense parties to the proceeding before the commissioners to vacate the highway. They do not own any land over which the vacated highway passed and they do not own any land which abuts upon that highway. They do not have any direct or immediate interest in the question of the vacation of this highway. They have only such interest as is possessed by all other members of the public residing in the vicinity of the road in question and desiring to travel over that particular…
2Cases cited4 opinions
- Comrs. of Mason v. GriffinIllinois Supreme Court · 1890
- Board of Supervisors v. MagoonIllinois Supreme Court · 1884
- Gray v. JonesIllinois Supreme Court · 1899
- People ex rel. Leach v. County of VermilionIllinois Supreme Court · 1904
3Cited by5 opinions
- Heppe v. MooberryIllinois Supreme Court · 1932
- People ex rel. Kidd v. CrowleyIllinois Supreme Court · 1911
- Hartshorn v. BierbomIllinois Supreme Court · 1924
- Ferguson v. Trustees of SchoolsAppellate Court of Illinois · 1912
- Conover v. GattonIllinois Supreme Court · 1911