Commissioners of Highways v. Barry

Citations

• 66 Ill. 496

Syllabus

<p>1. Amendment—of proms not under seal. Where a motion is made to quash a common law writ of certiorari, because not under the seal of the court, the court may, under the statute of amendments, on cross-motion for that purpose, allow the writ to be amended by adding the seal of the court thereto.</p> <p>2. Highways—legality of order levying out. Where copies of a petition for laying out a road were duly posted on March 14,1870, and the commissioners of highways did not cause a survey of the road to be made until June 19,1871, and on June 24,1871, they deposited with the town clerk an order establishing the road-, in which it was recited, that on April 13,1870, they examined the proposed, route and determined to lay out the road: Held, that the delay in causing the survey to be made, and in making the order and depositing it with the town clerk, was unreasonable, and that thereby the commissioners lost jurisdiction to establish the road, and that their order was properly quashed on certiorcvt'i.</p>