Brokaw v. Commissioners of Highways
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding. This is a petition filed in the McLean circuit court, by Abraham Brokaw, to compel the commissioners of highways of Bloomington township to remove an obstruction from a highway.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding. This is a petition filed in the McLean circuit court, by Abraham Brokaw, to compel the commissioners of highways of Bloomington township to remove an obstruction from a highway. The petition alleges that petitioner is the owner of the east half of section 27, township 23 north, range 2 east, in McLean county, and that there is a public highway running north and south on or near the center line of said section, which public…
1Opinion of the CourtJustice Baker
Prior to the revision of the statutes, in 1874, the-doctrine as held in this State was, that where a highway had been obstructed after having been opened and traveled by the public, the proper remedy was by prosecution, under the statute, against the party causing the obstructions, and not by mandamus to compel the commissioners of highways to remove the obstructions and open the road. (Commissioners v. People, 73 Ill. 203; Commissioners v. People, 66 id. 339; People v. Curyea et al. 16 id: 547.) The ground upon which the doctrine was chiefly placed was, that there being a complete and…
2Cases cited4 opinions
- People ex rel. Sullivan v. WeberIllinois Supreme Court · 1877
- Kane v. FoothIllinois Supreme Court · 1873
- Commissioners of Highways v. People ex rel. BonkerIllinois Supreme Court · 1872
- Commissioners of Highways v. People ex rel. WelchIllinois Supreme Court · 1874
3Cited by43 opinions
- People ex rel. Akin v. KipleyIllinois Supreme Court · 1897
- Jones v. Commissioners.Supreme Court of North Carolina · 1905
- In re Application for License to Practice LawWest Virginia Supreme Court · 1910
- People ex rel. Waber v. WellsIllinois Supreme Court · 1912
- Beem v. DavisIdaho Supreme Court · 1918
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