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44 Ill. 482

Marion County v. Harper

Illinois Supreme Court

Decided June 15, 1867

Illinois Supreme Court · decided 1867-06-15

Silas 1. Bryan, Judge, presiding. This was an appeal from the County Court to the Circuit Court of Marion county, to review the decision of that court, providing for the opening and establishing of a certain highway. In the court below, judgment was rendered for the appellee, whereupon the appellant brings the case to this court by appeal.

Cited by 2 later decisions — most recently May 1943

2 state decisions

Relies on County of Sangamon v. Brown

Good law ✅— No negative treatment on recordhow we know

Decided 1867-06-15

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Mr. Chief Justice Breese

¶1delivered the opinion of the Court:

¶2The appellee makes the point that an appeal does not lie from the decision of the Circuit Court, in proceedings brought to that court for locating a public highway.

¶3The statute in relation to public roads, by the thirty-eighth section, provides that the corporation, company, owner or owners of the land, shall have the right to appeal from the decision of the commissioner’s court to the Circuit Court, and the case shall be acted upon in such manner as the court may determine, with a view to justice and the establishment of the road, who shall make such order therein as may seem right and just, which decision shall be final. Scates Comp. 569; Sangamon Co. v. Brown, 13 Ill. 210.

¶4This appeal was taken from the County Court, by the owner of the land, to the Circuit Court, and in that court he had judgment. Under the above statute, and the decision of this court in 13 Illinois, the ease can go no farther.

¶5The appeal will be dismissed.

¶6Appeal dismissed.

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