Clifford v. Town of Eagle

Citations

• 35 Ill. 444

Syllabus

<p>1. Waiver,—by appearance — dilatory motions. A motion to dismiss a suit commenced before a justice of the peace for obstructing a public highway, for want of a complaint in writing, is of a dilatory character, and should be entered at the earliest moment.</p> <p>2. In such a proceeding, after an appeal to the County Court, the defendant moved for and obtained a continuance. Afterwards, the motion to dismiss was entered. If a written complaint on oath was necessary in such a case, the defendant waived it by appearing in the cause and moving for a continuance.</p> <p>3. Highways—of the certainty required in an order establishing a road, in the description of the route. The maxim that “ that is certain which can be rendered certain,” applies to the order of supervisors establishing a public road. In this case, the order directed that a road be laid out, in pursuance of an application which had been made, commencing at the northwest corner of section one, in a designated township and range; that the width of the road be four rods, the courses whereof according to a plat thereof which the supervisors had caused to be made by the county surveyor, which plat was attached to and made a part of the order. The application referred to described the route of the proposed road, thus: Commencing at the northwest corner of section one, in township thirty-one, range two east of the third principal meridian; thence south to the southwest corner of section thirty-six, in the same township and range. The plat attached and made a part of the order, showed the route of a road, commencing at the northwest corner of section one, and running south on the sectional lines to the southwest corner of section thirty-six. Eeld, the order described the route with sufficient certainty. By reference to the plat, the commencement and end of the road were shown, and the course and distance.</p> <p>4. Same—whether the order should, show the assessment of damages as to all the owners along the road.