Craig v. People ex rel. Nevill

Citations

• 47 Ill. 487

Syllabus

<p>1. Chancery procedure—dissolving injunctioris. Where defendants in a bill in chancery move to dissolve an injunction, and such motion is overruled, and they then answer the bill, they cannot assign the overruling of their motion as error.</p> <p>2. Same—amendments. It is the practice of courts of chancery to allow amendments to a bill before an answer is filed, and in many cases after, and before a replication is filed; the court in its discretion may allow amendments at any time.</p> <p>3. Same—exceptions—proceedings after exceptions. Where exceptions taken to an answer are sustained, the proper poetice is to take a rule upon the defendants to file a further answer within such time as the court shall direct; and upon failure to comply with the rule to take the bill as confessed.</p> <p>4. Chancery pleading. Where an answer sets up a justification of the acts complained of, but does not show by virtue of what right, title or authority the defendants performed those acts, exceptions are well taken.</p> <p>5. So where an answer sets up matters of law instead of matters of fact, exceptions are well taken.</p> <p>6. Chancery jurisdiction—in cases of purpresture. Where an injury of a public nature is threatened, as the inclosure of a highway, whereby public travel is in danger of being interrupted, and thereby great numbers of the citizens subject to petty loss and annoyance, by reason of such obstruction, a resort to chancery is proper, and is more effectual than the remedy at law.</p> <p>7. Plank roads—public highways. Plank roads are undoubtedly public highways, and differ from common highways in the mode of construction, and the taking of tolls, and on the payment of t-lie latter travellers have the same right to use them they have to use other highways.</p> <p>8. Same—closing up against the public. Where a plank road has been used for a number of years by the public, and the company have used a portion of a public highway as their roadway, causing the public road