Township of Madison v. Gallagher

Appellate Court of Illinois

Township of Madison v. Gallagher

54 Ill. App. 91, 1894 Ill. App. LEXIS 53

CourtAppellate Court of Illinois

DecidedJune 23, 1894

StatusPublished

Cited by1 cases

This text of 54 Ill. App. 91 (Township of Madison v. Gallagher) 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

Township of Madison v. Gallagher, 54 Ill. App. 91, 1894 Ill. App. LEXIS 53 (Ill. Ct. App. 1894).

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Opinion

Mr. Presiding Justice Sample

delivered the opinion of the Court.

The appellant brought this suit against appellee for obstructing a public road, by encroaching upon the same with a fence. The road obstructed is particularly described in the written complaint. The issue of fact was whether there was a road by prescription, and on that issue the finding and judgment was in favor of appellee. The necessary result of this judgment is the determination of a freehold (Chaplin v. Com’rs of Highways, 126 Ill. 264; Town of Brushy Mound v. McClintock, 146 Ill. 643), and therefore this court has no jurisdiction of the appeal. The appeal is dismissed with the right of appellant, if desired, to withdraw record and brief.

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Mr. Presiding Justice Sample

delivered the opinion of the Court.

The appellant brought this suit against appellee for obstructing a public road, by encroaching upon the same with a fence. The road obstructed is particularly described in the written complaint. The issue of fact was whether there was a road by prescription, and on that issue the finding and judgment was in favor of appellee. The necessary result of this judgment is the determination of a freehold (Chaplin v. Com’rs of Highways, 126 Ill. 264; Town of Brushy Mound v. McClintock, 146 Ill. 643), and therefore this court has no jurisdiction of the appeal. The appeal is dismissed with the right of appellant, if desired, to withdraw record and brief.

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Bluebook (online)

54 Ill. App. 91, 1894 Ill. App. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/township-of-madison-v-gallagher-illappct-1894.

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