Township of Madison v. Gallagher

Appellate Court of Illinois

Township of Madison v. Gallagher

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

Appellate Court of Illinois·Decided June 23, 1894·Published·Cited by 1 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

54 Ill. App. 91 (Township of Madison v. Gallagher) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related