Martin v. Commisioners of Highways

Citations

• 150 Ill. 158
• 36 N.E. 1004

Syllabus

<p>1. Practice in the Supreme Court — plea of release of error — reversal on demurrer. Where a demurrer is filed to a plea of release of errors, if the plea is held bad the judgment below must be reversed, without reference to the question whether the errors were well assigned.</p> <p>2. One of the objections in the circuit court to the record of the proceedings laying out a highway was, that it did not contain a written release of damages by P., one of the land owners over whose land the road was established. To the writ of error the defendants in error pleaded that on, etc., P., by his deed of that date, released to them “any and all errors in the record and proceedings aforesaid, so far as the same relate to himHeld, that the plea ivas clearly bad on demurrer, and that P., not being a party to the writ of error, could not release errors assigned by the plaintiffs in error.</p>