Atkins v. Huston

Citations

• 106 Ill. 492
• 1883 Ill. LEXIS 197

Syllabus

<p>1. Permanent survey oe land—setting aside surveyor’s report and appointing new commission, after verdict—trial de novo. Under tire act of March 29, 1869, “to provide for the permanent survey of lands,” when a trial is had by jury, on objection to the report of the surveyors, resulting in a verdict against the report, and in favor of the objector, and the court, though overruling a motion for a new trial, sets aside the report and the commission, and appoints a new one, this is, in effect, a setting aside of the verdict, and thereafter the proceeding is one de novo, and all things done under the first commission, including the verdict of the jury, falls through and comes to naught. This having been done, the verdict returned under the first commission could not be regarded as an adjudication upon the question at issue so as to conclude the parties.</p> <p>2. Same—evidence on second trial. Where a trial is had on objections to the report of a commission of surveys to establish corners and disputed lines, and a finding is given against the correctness of such report, which is set aside and a new commission appointed, and objections are filed to the second report, on the second trial it is error to admit in evidence the verdict of the jury and all the papers and proceedings in the first trial, even though both reports fix the corners and lines substantially the same.</p>