Snyder v. Baker

Appellate Court of Illinois

Snyder v. Baker

125 Ill. App. 482, 1906 Ill. App. LEXIS 274

CourtAppellate Court of Illinois

DecidedMarch 20, 1906

StatusPublished

Cited by1 cases

This text of 125 Ill. App. 482 (Snyder v. Baker) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Snyder v. Baker, 125 Ill. App. 482, 1906 Ill. App. LEXIS 274 (Ill. Ct. App. 1906).

Pincite

Opinion

Mr. Justice Eamsay

delivered the opinion of the court.

This was a proceeding instituted by appellees against appellants, the primary object of which was to compel appellants to remove some obstructions from ditches upon and across their own lands and to restore to appellees the right of the free flow of water through said ditches.

The bill was framed and the cause tried and is argued in this court upon the theory that the appellees had a permanent right to have the waters from their lands flow through ditches over the lands of appellants.

Such a right, if established, is a perpetual easement (a freehold), and this court is without jurisdiction, as the appeal should have been taken to the Supreme Court. Wessels v. Colebank, 174 Ill., 618.

The appeal is dismissed.

Appeal dismissed.

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