Behrens v. Commissioners of Highways
Illinois Supreme Court
Writ of Error to the Circuit Court of Adams county; the Hon. Oscar P. Bonney, Judge, presiding. This is a common law writ of certiorari in the circuit court of Adams county, issued on the petition of plaintiff in error, Herman Behrens, against defendants in error, commissioners of highways of Melrose township in said county and the justice of the peace in that county, requiring them to send up a complete record of the proceedings in regard to laying out a highway.
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Writ of Error to the Circuit Court of Adams county; the Hon. Oscar P. Bonney, Judge, presiding. This is a common law writ of certiorari in the circuit court of Adams county, issued on the petition of plaintiff in error, Herman Behrens, against defendants in error, commissioners of highways of Melrose township in said county and the justice of the peace in that county, requiring them to send up a complete record of the proceedings in regard to laying out a highway. The defendants in error answered the petition, and, in their return thereto, filed a complete and full transcript of the record…
1Opinion of the CourtJustice Magruder
The petition makes two points against the validity of the proceedings to lay out the highway, as such proceedings are set forth in the return to the writ. In the first place, it is claimed, that the commissioners had no jurisdiction, because the petition presented to them was not signed by at least twelve land owners, or by two-thirds of the land owners residing in the town within two miles of the road so to be laid out. The objection to the petition, which is alleged to be fatal to the jurisdiction of the commissioners to entertain it, is that it was signed by one person directly interested,…
2Cases cited3 opinions
- Wright v. Highway CommissionersIllinois Supreme Court · 1894
- Smith v. Commissioners of HighwaysIllinois Supreme Court · 1894
- Ravatte v. RaceIllinois Supreme Court · 1894
3Cited by2 opinions
- County Court v. PogueAppellate Court of Illinois · 1904
- North v. Board of TrusteesAppellate Court of Illinois · 1916