Bailey v. McCain

Citations

• 92 Ill. 277

Syllabus

<p>1. Highway—-jurisdiction to alter, how obtained. The presentation to the commissioners of highways of a petition signed by the requisite number of persons qualified to sign the same, asking for the alteration of an existing highway, the petition having been posted according to law, and the giving of notice of the time when and place where action would be taken on the petition, confers jurisdiction upon the commissioners to hear and decide, and their proceedings will not be null and void for irregularity in the same, and can not be assailed collaterally.</p> <p>2. Same—indefiniteness as to part of road changed. The fact that the description of the alteration of an old road, as given in the order declaring it to be made, is not as definite as it should be, will not deprive the commissioners of the jurisdiction previously obtained, and their acts will be valid until set aside or reversed in some direct proceeding.</p> <p>3. Same—equitable jurisdiction. Where commissioners of highways, having acquired jurisdiction, make an order changing and altering a previously established road, and in doing so proceed illegally or irregularly, the remedy for any one aggrieved is by appeal or certiorari, and if he neglects to avail of his legal remedy a court of equity will not interfere in his behalf.</p>