Commissioners of Highways v. People ex rel. Kilham

Illinois Supreme Court

Commissioners of Highways v. People ex rel. Kilham

40 Ill. 453

DecidedApril 15, 1866

StatusPublished

This text of 40 Ill. 453 (Commissioners of Highways v. People ex rel. Kilham) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commissioners of Highways v. People ex rel. Kilham, 40 Ill. 453 (Ill. 1866).

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Opinion

Per Curiam :

When this case was before the court at the April Term, 1865, we were in great doubt whether the road was described in the order laying it out, with sufficient accuracy and certainty to make its location possible, and as the case had to be sent back upon another point, we directed the testimony of competent surveyors upon this question. In taking this testimony, the court allowed the witnesses, against the objections of the appellants, to testify from the description in the alternative mandamus, and from a plat annexed thereto, instead of confining them to the description contained in the order laying out the road. The witnesses should have been permitted to speak only as to the description contained in the order. If that was void for uncertainty, no mandamus can issue.

Judgment reversed.

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Per Curiam :

When this case was before the court at the April Term, 1865, we were in great doubt whether the road was described in the order laying it out, with sufficient accuracy and certainty to make its location possible, and as the case had to be sent back upon another point, we directed the testimony of competent surveyors upon this question. In taking this testimony, the court allowed the witnesses, against the objections of the appellants, to testify from the description in the alternative mandamus, and from a plat annexed thereto, instead of confining them to the description contained in the order laying out the road. The witnesses should have been permitted to speak only as to the description contained in the order. If that was void for uncertainty, no mandamus can issue.

Judgment reversed.

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Bluebook (online)

40 Ill. 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioners-of-highways-v-people-ex-rel-kilham-ill-1866.