Pool v. Breese

Citations

• 114 Ill. 594

Syllabus

<p>1. TiiiAL EE NOTO—on appeal—effect as vacating judgment appealed from. The effect of an appeal from an inferior to a superior tribunal, when the latter is required to try the question appealed from de novo, and render thereon such decision as in its opinion should be rendered under the law and the evidence, is to vacate and set aside the decision of the inferior tribunal. This applies to appeals from the orders of commissioners of highways on petition to lay out or vacate roads.</p> <p>• 2. Highways—appeal from commissioners of highways to three supervisors—grounds of appeal—powers of the commissioners pending the appeal. An appeal from the decision of commissioners of highways in respect to laying out, etc., of roads, may be taken on grounds affecting the jurisdiction of the commissioners and going to the validity of the entire proceedings, or it may be taken on grounds affecting the appellant, only. In the latter case ' the appeal will suspend only so much of the order of the commissioners as affects the party appealing.</p> <p>3. Even the power to vacate proceedings to lay out a highway, conferred on the commissioners of highwaj’s by section 87 of the Boad law, has been held to be suspended until the expiration of one year from the decision of the supervisors, on appeal,—that is, until the expiration of the time during which, by section 100, their decision in regard to laying out, altering, widening or vacating the road; or in refusing to do the same, is made final.</p> <p>4. Where the grounds of appeal from an order laying out-a highway go to the jurisdiction of the commissioners of highways, to the legality of their proceedings, and their failure to attempt to agree with the land owners in respect to damages, and to give notice of their application to have the damages assessed, and is also that the assessment of damages' to the land owner's is unjust, unfair and unlawful, its effect, though taken by only two land owners, is to vacate and set aside the entire