Commissioners of Highways v. People ex rel. Welch

Citations

• 73 Ill. 203

Syllabus

<p>1. Mandamus—will not lie to compel the removal of obstructions in a public highway. When an indictment will lie for obstructing a public highway, and will afford a remedy convenient, beneficial and effectual in its nature, as a ma,ndmnus, to compel the opening of the highway, a mandamus will not he awarded.</p> <p>2. When it appears that a highway has heen obstructed, after liavingbeen opened and traveled by the public, the proper remedy is by a prosecution, under the statute, against the party causing- the obstruction, and not by mandamus 1o compel the commissioners of highways to remove the obstructions and open the road.</p>