Frizell v. Rogers

Citations

• 82 Ill. 109

Syllabus

<p>* 1. Highways—notice of hewing and posting of petition jurisdictional. In counties under township organization, unless copies of the petition for laying out a highway are posted as required hy the statute, and notice is given by the commissioners of highways to hear reasons for or against, they will have no jurisdiction to act. Such notices are jurisdictional, and unless proved by affidavit, or other legal evidence, an Order establishing a highway will be enjoined in equity.</p> <p>3. Same —posting may be shown by recital in order. Commissioners of highways may receive any competent evidence of the posting of copies of a petition for a new road, and if their order establishing the road shows that such evidence was received, showing the fact of posting, it will be sufficient evidence of their jurisdiction to act.</p> <p>3. Same—appeal. If commissioners of highwaj’-s, in making an order to lay out a highway, have no jurisdiction, their proceedings will be void, and there will be nothing to appeal from. An appeal is a recognition of jurisdiction.</p> <p>4. Chancery jurisdiction—enjoining opening of road. Where an order of commissioners of highways establishing a highway is void for want of jurisdiction, a court of equity will entertain a bill to enjoin the opening of the road, although no order is made to open the same.</p>