Coon v. Mason County

Decided April 15, 1859

Illinois Supreme Court · decided 1859-04-15

The County Court of Mason county ordered a' road to be opened, and refused to allow the plaintiff in error any damages for crossing his land; from that decisioñ he appealed to the Circuit Court, which affirmed the order of the County Court. The plaintiff in error then prosecuted his writ pi error in this court. The defendant in error moved to dismiss the cause from this court because the decision of the Circuit Court was final.

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Decided 1859-04-15

How this case has been cited

Cited by 11 later decisions — most recently May 1943

1 federal appellate · 10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1This proceeding was under the thirty-eighth section of the chapter entitled “ Roads,” (Rev. Laws, 1845, Sec. 38,) which provides that the decision of the Circuit Court shall be final. We are of the opinion that the legislature intended to prohibit the prosecution of a writ of error as well as an appeal.

¶2The point made on this motion, was not considered by this court, in the cases of Hutchins v. De Witt County, 1 Gilm. R. 345, and The County of Sangamon v. Brown et al., 13 Ill. R. 207.

¶3The motion is sustained.

¶4Motion sustained.