Allison v. Commissioners of Highways

Citations

• 54 Ill. 170

Syllabus

<p>1. Highways—time of filing order of commissioners establishing a highway. Under the township organization law, there is no time prescribed within which to file, in the town clerk’s office, the order of commissioners of highways establishing a road; all that can be required is, that it should be filed within a reasonable time.</p> <p>2. In this case, the petition for the road was posted on the eighth of May, and the order of the commissioners establishing the road was filed in the town clerk’s office on the twenty-second of August, following. It was considered that the requirements of the law were fully answered by this action.</p> <p>3. Same—jurisdiction of commissioners—necessity of adjourning from day to day. The omission of commissioners of highways to adjourn from day to day, pending proceedings before them upon a petition for a public road, is not an irregularity which is jurisdictional in its character, and an appeal to the supervisors upon the merits would operate as a waiver thereof.</p>